lies

Yes, TV sometimes often gets it wrong.

Therefore, I urge you to seek factual research sources. I also urge you to watch out for subliminal messaging on blogs. Yes, it’s a thing. Some bloggers insert hidden links, and images, that are designed to stimulate your senses, such as book covers and links to places to buy them. Of course, I’d never

 

do anything like that, but I’m always watching for those who do. Other tricks include a subtle posting of a popular event. These tactics often use catchy photos and super deals to attract your attention. Sometimes those deals are so over the top amazing that …

Writers Police Academy HIT Classes

By the way, we now have a few new openings for the 2017 Writers’ Police Academy. And, we have a FANTASTIC deal for you!! Believe it or not, we’re making it possible for you to receive FREE registration to the WPA. Those of you who’ve already signed up … no problem. You could receive a refund. Details coming soon! And please don’t forget that Sisters in Crime (a major sponsor of the WPA) is offering a $150 discount to their members attending for the first time!

… we can’t seem to avoid clicking over to the site to sign up so we can join our friends at the most exciting event on the planet.

For now, though, let’s return to the topic du jour and take a look at my top ten list of fictional “facts” TV writers have gotten wrong for years.

10. Undercover officers must identify themselves if challenged by a criminal.

I'm a cop!

Not true. In fact, if this were indeed fact, well, there’d be no undercover operations. Every crook in the world would then simply ask the new guy, “Are you a cop?” The officer would then be forced to respond affirmatively and the deal would be over, and there’d be one less officer at the next Christmas party.

9. Officers must read a suspect his rights the moment he’s arrested.

miranda law

No. Police officers are only required to advise bad guys of the Miranda warnings if they’re going to question them. That gobblety-gook about spouting off the warnings the second the officer slaps on the cuffs is just that—gobblety-gook.

8. The law says all criminals must be allowed to use the phone.

get me out of here

No. Most departments have a policy that allows the phone call, but there are no laws that require a phone call during the booking process. In jail, the use of the telephone is a privilege. In fact, the telephone is used as a tool for disciplinary action. You screw up, they take your phone privileges. End of story. The same is true with family visits and shopping at the jail commissary. Those privileges may also be taken away.

But the phone call the second a bad guy’s feet hit the booking area … nope. They’ll make the call when the extremely busy corrections officers have the time to help with the call. Typically, this is after the suspect is booked and placed in a cell. However, some agencies have phones in the booking area and will allow many arrestees to make a call asap. To do so often allows the person to post bail, thereby freeing up jail space. But it’s not an automatic thing/occurrence, nor is it a constitutional right to make a phone call whenever a prisoners decides to do so.

Some jails have phones inside the cell and dorm areas.

female prison dorm

A very happy prisoner. I asked why the big smile. Her reply was, “Things could be worse. At least I’m alive and healthy.”

The silver-colored metallic cable you see on the right (to her left) is a telephone cord attached to a blue pay-type phone. This jail features a phone in each dorm. Inmates are allowed to make collect calls during approved times of the day only. The phones are switched off from the control booth during the “off” times.

7. You can be charged with obstruction of justice for not talking to the police.

Not talking

No. You have the constitutional right not to incriminate yourself—the right to remain silent—because anything you say WILL be used against you. Say it during a police interview and I practically guarantee you will hear those words again in a courtroom.

However, there are laws that require you to answer basic questions, like, “What is your name?” and “Where do you live?” I guess I should mention that you’re also required, by law, to tell the truth when answering those questions.

6. Police officers have the authority to order someone to remain in town while they conduct their investigation.

Nope. Without a signed order from a judge police officers do not have the authority to enforce this demand. They can ask, but they can’t make you.

5. Officers have the authority to make deals with criminal suspects, such as how much prison time they’ll receive if they cooperate.

No. Only a prosecutor or judge has the authority to offer a deal to criminal suspects.

4. Officers have the authority to “drop” charges on a suspect once he’s been formally charged.

Again, no. Only a judge or prosecutor may have a defendant’s charges reduced or dismissed.

3. Officers can obtain a search warrant with simple phone call to a judge.

Not so fast TV Writers. A phone call won’t always result in receiving a search warrant. All search warrants must be signed by a judge or magistrate, which in many jurisdictions still requires a face-to-face meeting and a raising-your-right-hand-swearing-to-the-facts sort of thing. Even in the places where electronic transactions are permitted (and there are many these days), officers must have the paperwork in hand when they arrive to execute the search warrant.

2. Most criminal cases are solved by the use of forensic science, such as DNA and fingerprints.

No. Most crimes are solved the old fashioned way, by knocking on doors and talking to people. DNA and fingerprints are rarely the smoking gun in criminal cases.
1. Police officers leave the scene of the crime with lights and sirens going full blast.

No. Officers use lights and sirens when heading TO the scene of a crime, not when leaving. The use of emergency equipment is only permitted during an actual emergency. Once the bad guy is safely cuffed and stuffed in the rear of the patrol car the emergency is over and the lights go off. However, if the suspect is injured and requires medical care, officers sometimes transport them to the hospital. They’ll use lights and siren in those instances.

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Jurisdictional Boundaries

Jurisdictional issues come up all the time for police officers. After all, criminals are extremely mobile and, unfortunately for local cops, bad guys simply don’t stay put waiting for detectives to come and get them.

Jurisdiction (according to Blacks Law Dictionary) is a geographic area in which a court has power, or the types of cases it has power to hear. For law enforcement officers that jurisdictional boundary covers the area where they are sworn to protect and serve as police officers.

City officers are sworn (raise their right hand and repeat an oath) to protect and enforce the laws of the city where they’re employed.

 

County deputies and officers are sworn to protect and enforce the laws of the counties where they’re employed.

By the way, there’s only ONE sheriff in a department—the boss who is elected by the people (there may be a couple of places where a sheriff is appointed). All those other folks in brown uniforms are sheriff’s deputies. They are each appointed by the sheriff to assist him/her in their duties. To call each of them “sheriff” is incorrect. I recently saw this in a very well-written book, but the inaccuracy totally took me out of the story.

State officers, investigators, agents, and troopers are sworn to enforce the laws in their state.

And, federal officers and agents, including local officers assigned to federal task forces, are sworn to enforce laws throughout the country.

In most cases, police officers aren’t allowed to conduct an arrest in any area that’s outside their jurisdiction. In fact, some arrests conducted outside an officer’s jurisdiction are considered illegal.

Unfortunately, bad guys aren’t held to such standards. Why, they’ve even been known to kill somebody in Florida and flee all the way to Washington state. The nerve of those guys, not abiding by the rules.

When bad guys do commit a crime and flee the town/city/county/state, warrants are issued for their arrest. Officers may also issue a BOLO (Be On The Lookout). Then, when the crooks are spotted in Washington state (or anywhere else), the Northwestern cops can make a legal arrest based on the information they’ve received from the authorities in Florida (an electronic communication).

There are exceptions to the jurisdictional restrictions, and these conditions make it legally possible for officers to travel outside of their home territory to apprehend a criminal.

1) During a hot pursuit. Officers can legally pursue a fleeing felon across jurisdictional boundaries as long as they maintain visual contact with the suspect. However, if the officer at any time loses sight of the suspect, the pursuit is no longer considered fresh, and he/she must terminate the chase (There are always exceptions. Remember, we’re talking about the law).

2) Officers may make a legal arrest outside of their jurisdiction if they are responding to a request for assistance from another agency.

3) In some areas, as long as an officer has possession of a legal arrest warrant, she can serve it on the suspect anywhere in her state. (again, check local laws).

4) Many jurisdictions permit officers to make an arrest even when crossing over the boundary line. However, the distance they’re permitted to travel beyond the line is limited, and that distance is specified by the laws governing their individual areas. This provision in the law is in place because there are no physical lines drawn on the ground to mark actual city or county limits.

For example (below), a sign long ago nailed to a tree in the middle of a Georgia swamp marks the county boundary line. This is probably the only marker within miles; therefore, officers conducting a search of the area would have no idea if they were still operating inside their jurisdiction, unless they happened to run across this lone sign.

Officers acting in good faith may make an arrest within these provisional boundaries.

However, in Limestone County, Alabama, this law is in effect:

In Limestone, no police jurisdiction of a municipality located wholly or partially within Limestone county shall extend beyond the corporate limits of the municipality. (Amendment 499; Proposed by Act 88-306, submitted at the Nov. 8, 1988, election, and proclaimed ratified Nov. 23, 1988, Proclamation Register No. 6, p. 56).

5) Officers can make a citizens arrest anywhere in the country, just like any other person in the same situation.

6) Interestingly, Ohio state patrol officers have no jurisdiction on private property. Their arrest powers cover only roadway patrol and public land. (Please correct me if I’m wrong, Lt. Swords).

7) Officers and investigators often travel to jurisdictions other than their own to further an investigation, and to interview/question witnesses and suspects. When they do enter a different jurisdiction it’s a good practice to check in with the local authorities to let them know they’re in the area. In most cases, the local department will assign an officer or investigator to go along. Local officers know their jurisdiction(s), and they know most of the usual bad guys and where they hang out. Besides, if an immediate arrest is needed, the local officers have he authority to do so. Outsiders do not.

Now, I feel compelled to answer the question I see asked almost every single day. Here goes:

NO, the FBI does not ride into town and take over cases from local police departments. They will gladly assist when asked or needed, but they have other things to do that keep them quite busy.

Besides, as a rule, the FBI does NOT investigate local murder cases. City and county police departments, sheriffs offices, and state police are more than capable of handling their own cases. And they do.

*Remember, I’ve been out of active-duty police business for several years. Photos and other references to me are from days long ago.

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A cup of coffee

A cup of coffee, a piece of toast, a glance at the morning paper, and a leisurely stroll through a bloody crime scene. Sometimes, though, there’s no time for the coffee. Instead, the morning begins with a brisk, adrenaline-filled scuffle with a suicidal man who’s crazy-high on methamphetamine, or a lovely peek at a bloated body that’s teeming with hundreds of writhing maggots.

That’s how some cops start their day.

Others, well …

Maybe they’ll drop the kids off at school before heading to the office to finish up a report or the beginnings of a search warrant.

The rest of the day is a piece of cake—chasing drug dealers, shots fired, lost children, crying mothers, abusive parents, hungry children, murder, suicide, shoplifters, pursuits, fatigue, crack cocaine, addicts, prostitutes, burglars, no lunch, robbers, spit on by abusive citizens, battered spouses, drunks, rabid animals, lost pets, remove wild animal in citizen’s garage or basement, bad checks, autopsy, trip to crime lab, traffic accident, speeders, question witness, peeping tom, search for lost child in woods filled with tons of poison ivy, serve warrants, miss child’s play at school, citizen can’t get furnace to work, dog stuck in drain pipe, citizen locked keys in car, citizen locked herself in bedroom and doesn’t know how to turn button on doorknob to get out, pull unconscious man from burning house, citizen hears prowler, kids throwing water balloons at elderly people, check homes for people while they’re on vacation, testify in court, retrieve body of young woman from river, sit with elderly man because he’s alone and frightened and very much misses his wife of 50 years.

4-12 officer calls in sick … must work 8 more hours. So …

Drug dealers, shots fired, fighting, lost children, crying mothers, catch rapist …

 

Dog bite, punch in face, take knife from wife-killer, kid accidentally shoots best friend with father’s gun, woman jumps from overpass, teens fire shots at patrol car, third-grader struck by drunk driver …

Man with knife, woman with meat cleaver, boy with gun, teen with poison, attacked by people who simply hate cops…

Training for the day when, well, whatever can and will happen…

Search for drugs, search for weapons, search for explosives, search for people who want to kill you…

Anthrax, ricin, and other small things that kill…

Murder scenes decorated with blood, brains, and human tissue…

Working all night and then sitting in court all day the next day while waiting to testify about the guy who killed and butchered his neighbor’s child…

Destroying the dangerous drugs that destroy the lives of many…

Autopsy. Collecting fluid from the eye to determine if the dead guy had been drinking or on drugs when he collided with the school bus, the crash that killed nine little kids.

Transporting the most dangerous people in the country to and from various appointments—doctor, jail, prison, court, etc.

Running DNA test to determine the identify of a serial killer, the guy who raped and strangled mothers, daughters, cousins, and friends.

Standing guard over the people in your community who’ve raped, robbed, and killed your neighbors and friends…

Entering homes to search for violent offenders who’ve killed other cops…

Comfort a stranger whose loved one died in a car crash…

Hamilton One 161

Trying to leave it all behind at the end of the day so you can spend a brief bit of quality time with your family, knowing you’ll do it all over again the next day. Because it’s what you do.

Hamilton One 124

How’s your day, so far?

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Suicide by Cop

He’s at a point in his life when he wants to end it all, and he’ll do what it takes to reach that goal.

Unfortunately, achieving that objective sometimes involves shooting at a cop, hoping the officer will do as he’s trained and return fire. And he’s right. Shoot at a cop and you’ll quickly find a volley of lead headed your way.

But when the suspect exhibits signs that he may be trying to use the officer as a means of suicide, well, that could change the ballgame. It shouldn’t, but sometimes it does. Why? Because this is a person who needs help, and harming a person in need goes against everything a cop stands for and tries to accomplish. After all, isn’t it a cop’s job to keep everyone safe, no matter what?

Police officers are sort of like mother hens in uniform. They try to keep everyone out of harm’s way and, contrary to a lot of people’s belief, only as a last resort do they use force of any kind.

When someone is hurting, officers are pre-wired to render aid. When someone needs help, they provide it. When a life is in danger, they save it. That’s what they do. Therefore, when the suicidal individual confronts a police officer it’s possible the officer could let down his defensive guard, feeling compassion for the troubled person.

Cops are trained to defend themselves, and others, at all costs, and they should. And they should be hyper-alert when a distraught suspect exhibits one or more of the following signs. Remember, if the officer hesitates to shoot when necessary, that second of inaction may very well be the last thing he ever does. A dead hero will not be in attendance when the chief presents a posthumous commendation to his next of kin.

suicide by cop

Signs/indicators that a person is planning a suicide by cop.

– He’s just killed a close family member – a wife, his child, or even a parent.

– The suspect has supplied a list of demands to the police and none of those plans include a means of escape.

– Very rapid breathing. Hyperventilating.

– Something has happened recently that the suspect feels is life-altering—someone close to them has died, they’ve been arrested and face a lengthy prison sentence, loss of job, divorce or spouse is cheating on him, money troubles, foreclosure, etc.

– Refusal to obey any commands.

– Rocking back and forth. Beating a fist on a table or other surface. Or any other movement in a repetitive, cadence-like tempo. The rhythmic movements often increase in speed and intensity.

– Just before encountering officers, the suspect gives away everything that’s important to him (mementos/keepsakes and other property, for example).

– He says things like, “You’ll never take me alive.” “When I die everyone will remember it.”

– Suspect is constantly, frantically, and rapidly looking around, searching his surroundings.

– He expresses a desire to die and demands that the officers kill him.

– He may reveal that he has a terminal illness.

Of course, there are times when a suicidal suspect does back down and allow himself to be taken into custody. And the reversal or diminished signs from above are indicators that he has changed his mind about dying. BUT, at no time should the officer let down his guard. AND, at no time should the officer hesitate to do what must be done at the proper time.

So I ask, could you make the call? If so, would it be the right call?

Writers’ Police Academy recruits will be faced with similar, live-action scenarios during their shoot/don’t shoot training exercises. Will they make the right decisions? This session is intense!

 

Writers' Police Academy

http://www.writerspoliceacademy.com/

 

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Red Folders - Arkansas Executions

When someone commits a crime and is subsequently arrested for the offense, they instantly become a part of the “system.” They’re reduced to a case number and a few papers inside a file folder, like those seen above and below.

Red Folders - Arkansas ExecutionsEach of the red folders contains the file of a criminal case. They’re brief excerpts of a person’s life. A point in time when they decided to break the law. Sometimes, the things these people did are the same as things everyday people have done but were not caught (possession of small amounts of marijuana, for example).

Many of these “red folder people” are currently sitting in jail waiting for their day in court. Perhaps they’re locked inside a cell because they couldn’t raise the cash needed to meet bond requirements. Or, perhaps a judge felt they were a flight risk so she ordered them held under no bond status until trial.

Others, though, are out and about, working, playing, and tending to everyday wants and needs while the wheels of justice churn slowly toward their trial dates. Soon they’ll know their fates. Some will receive probation. Some will have charges dropped in exchange for performing community serve, and some will be sentenced to serve time in prison or a county jail. Others will simply go free with either time served or by having been found innocent of all charges.

One thing will remain a constant during the process, and beyond, and that’s the case number assigned to the red folder. It will remain attached to the offender’s case from day one until the record ceases to exist, if that point in time ever arrives.

Inside the vault in a courthouse complex.

Inside the vault in a courthouse complex.

Meanwhile, there’s this …

A short walk down red-folder-row in this particular courthouse records complex took me to a large walk-in safe/vault, much like what you’d expect to see inside a bank. This vault, however, contained something quite different than bundles of currency and sacks of gold coins.

Instead of mounds of cash, this steel- and concrete-clad room held a meager collection of office supplies and five neatly stacked columns of bankers boxes.

What, you might ask, is so important about twenty-eight bankers boxes that they’re all lined up like a row of soldiers standing at attention inside a locked bank-type vault? Well …

Arkansas Executions

Those twenty-boxes contain the files of active death penalty or potential death penalty cases.

Yes, those cardboard boxes you see pictured are all that’s standing between life and death for several men and women. They contain the details of each case—the words and evidence that could convict, or on appeal, change the outcome from death to life in prison.

Some whose case notes are stored inside the boxes would go on to accept plea deals to spare them from an appointment with “the needle.” Others are no longer in the system. Their day has come and gone.  A few still await “the end.”

I can’t begin to describe the feeling I experienced the moment I crossed the threshold of the vault. Eerie to say the least, and I suppose it was so because I’d personally witnessed the execution of a prisoner back in the 1980s.

Executions are Gruesome

To this day, I still picture images of serial killer Timothy Spencer sitting in the electric chair at Greenville Correctional Center, the facility that houses Virginia’s execution chamber.

That night, mere moments after Spencer’s gaze met mine, executioner Jerry Givens flipped the switch and the odor of burning hair and flesh filled the execution chamber. Spencer’s body surged and swelled and pushed against the restraints that bound him tightly to “Old Sparky.” Fluids spewed from behind the leather mask covering his face. His joints were frozen in place by the intense heat and burning. Sandbags were used to help straighten those joints once the body was cool enough to touch.

The prison doctor had to wait several minutes to allow Spencer’s body to cool enough to allow the use of a stethoscope to check for signs of life. That’s right. Too hot to touch without burning the doctor’s hands.

Me? I didn’t need a medical device to tell me the man was dead. What I’d seen, heard, and smelled was all the proof I needed. It was indeed a gruesome way to die. Gruesome. Gruesome. Gruesome.

Last week, Arkansas executed four prisoners. Witnesses said about three minutes into the process the condemned man jerked and coughed for about twenty seconds. Some described the execution as gruesome and called for an investigation.

Spencer, like the men executed in Arkansas, is dead. His demise was what I, someone who’s seen more than his fair share of death, would describe as gruesome. I said it above and again here. Gruesome. Can’t stress the point enough.

Twenty seconds of movement and moaning … well, I suppose it’s all relative.

So choose your own synonym. They all describe what I saw—grim, ghastly, frightful, horrid, horrifying, grisly, dire, awful, shocking, appalling, repulsive, repugnant, revolting, and/or sickening. Your pick. They all fit.


~

The following is list of the inmates currently on death row in Arkansas.

Gruesome awaits.

May God have mercy on their souls.

No.       Name                                Date of Birth    Race/Sex   Date of Sentence      County

SK911  Coulter, Roger                   12/01/1959      W/M         10/27/1989               Ashley

SK915  Ward, Bruce Earl               12/24/1956      W/M         10/18/1990               Pulaski

SK920  Davis, Don W.                    11/23/1962      W/M         03/06/1992               Benton

SK922  Greene,Jack G                   03/13/1955      W/M         10/15/1992               Johnson

SK925  Dansby, Ray                       03/03/1960      B/M           06/11/1993               Union

SK926  Nooner, Terrick T.             03/17/1971      B/M           09/28/1993               Pulaski

SK927  Reams, Kenneth                12/21/1974      B/M           12/16/1993               Jefferson

SK929  Sasser, Andrew                 10/21/1964      B/M           03/03/1994               Miller

SK933  Johnson, Stacey E.             11/26/1969      B/M           09/23/1994               Sevier

SK934  Kemp, Timothy W.            08/04/1960      W/M         12/02/1994               Pulaski

SK939  Rankin, Roderick L.            11/18/1975      B/M           02/13/1996               Jefferson

SK941  Jackson, Alvin                    06/30/1970      B/M           06/20/1996               Jefferson

SK946  McGehee, Jason F.            07/04/1976      W/M         01/08/1998               Boone

SK956  Roberts, Karl D.                 03/06/1968      W/M         05/24/2000               Polk

SK960  Isom, Kenneth                   06/03/1967      B/M           03/28/2001               Drew

SK961  Anderson, Justin                03/21/1981      B/M           01/31/2002               Lafayette

SK964  Thessing, Billy                   09/11/1968      W/M         09/10/2004               Pulaski

SK965  Thomas, Mickey D.            09/25/1974      B/M           09/28/2005               Pike

SK966  Springs, Thomas               06/25/1962      B/M           11/24/2005               Sebastian

SK968  Sales, Derek                      01/08/1961      B/M           05/17/2007               Ashley

SK971  Decay, Gregory                  07/11/1985      B/M           04/24/2008               Washington

SK972  Marcyniuk, Zachariah        05/21/1979      W/M         12/12/2008               Washington

SK973  Lacy, Brandon E.                01/01/1979      W/M         05/13/2009               Benton

SK976  Lard, Jerry D.                     03/13/1974      W/M         07/28/2012               Greene

SK977  Holland, Robert                 11/28/1968      W/M         10/04/1991               Union

SK979  Johnson, Latavious            10/31/1981      B/M           11/04/2014               Lee

SK980  Gay, Randy W.                  09/01/1958      W/M         03/19/2015               Garland

SK981  Holly, Zachary D.               10/08/1984      W/M         05/27/2015               Benton

SK982  Torres, Mauricio A.           12/24/1969      H/M           11/15/2016               Benton

14 White Males
14 Black Males
  1 Hispanic Male
29 Total