Piling On, Restraint Asphyxia, and Excited Delirium: The Death of George Floyd

Superhuman strength, aggression, violence, paranoia, yelling, bizarre behavior, and hyperthermia. Those are some of the symptoms of a person in a state of Excited Delirium, a condition that can, especially when combined with drug use, result in death.

Excited delirium, aka Bell’s mania, lethal catatonia, acute exhaustive mania, and agitated delirium, typically surfaces suddenly, without warning, and can be extremely terrifying to bystanders and family members. The condition is extremely tricky for law enforcement and other first responders who may not have received proper training for handling people in this state.

A person experiencing a bout of excited delirium (EXD) may experience an alarmingly high heart rate, incoherence, suicidal thoughts, hallucinations, and body temperature to go as high as 108 degrees Fahrenheit. They often feel so hot (hyperthermia) that they disrobe in an attempt to cool down. Similar conditions are seen in people who use/abuse Bath Salts.

Other signs and symptoms may include fear, panic, shouting to the point of viscous screaming, and extreme violence that’s often judged by police as resisting arrest or assault against the officer(s). Then, while officers are frantically attempting to restrain the person, as quickly as it began, the EXD dissipates. What follows is sometimes a sudden and complete cessation of struggling and speaking and/or shouting, and then respiratory distress/arrest, and even death.

During the final eight or so minutes of George Floyd’s life, Thomas Lane, one of the officers at the scene, mentioned excited delirium to Darek Chauvin, the officer whose knee was firmly pressed into Floyd’s neck. Lane, supposedly asked Chauvin if they should roll Floyd onto his side, possibly to allow him to breathe. Chauvin refused, allowing Floyd’s final minutes to tick away.

Dr. Judy Melinek, a medical examiner in New Zealand, formerly of California, recently told a media source in the Minneapolis area (Twin Cities Pioneer Press) that the video evidence from the scene where George Floyd died offered no indication that Floyd was in a state of Excited Delirium. To bolster her expert opinion, Dr, Melinek reasoned that Mr. Floyd was responsive when addressed by officers, he spoke clearly, and, while his attire was adequate for the weather, he did not appear to be sweating profusely.

*Dr. Melinek is also a successful author of both crime fiction and nonfiction. 

Junk Science? Yes, or No?

There has been a bit of confusion and disagreement within the medical community about the post-mortem findings of excited delirium by medical examiners regarding the death of subjects who were restrained by police. Some experts believe a diagnosis of excited delirium to be nothing more than junk science. In fact, the American Psychiatric Association, the American Medical Association (AMA), and the World Health Organization (WHO), do not recognize EXD as a true medical condition.

However, both the National Association of Medical Examiners and the American College of Emergency Physicians consider excited delirium as valid, and they often list it as a finding on death certificates.

It’s important to note that excited delirium has been reported in case where police are not involved.

In the past, law enforcement officials simply assumed the extremely out of control violent behavior of some offenders was the result of drug use, therefore met the suspect’s aggression with the necessary force needed to terminate the threat and effect an arrest.

Unfortunately, that force, no matter how well-intentioned in a spur of the moment situation, sometimes results in the death of the subject. Here’s why and how death occurs during these instances.

“Piling-On,” aka the Polyester Pile

To quell extremely violent suspects who are obviously experiencing excited delirium, officers employ, for example, the use of Tasers, pepper spray, batons, or the “piling-on” tactic of every available officer using their body weight to subdue the thrashing and flailing person who’s beyond “out of control” by normal standards. The piling-on of several officers is sometime called the Polyester Pile.

Unfortunately, people have died while being restrained by so many officers at once, such as the case of Eric Garner.

Typically, it’s not that officers mean to harm anyone during these attempts to restrain. Not at all. Instead, the deaths that have occurred in the past were the result of officers trying every means possible to gain control of extremely violent and abnormally strong criminal suspects. Again, I cannot stress enough the extreme strength of these individuals. To make matters worse, folks in this condition seem to feel no pain whatsoever. Keep in mind, these situations often erupt in an instant, without warning, therefore officers must react quickly to prevent injury to the subject and to themselves and others.

A Polyester Pile (slang) is formed when every officer piles on top of an unruly suspect in order to bring that person’s violent behavior to an end. This is not a method that’s taught in any training. It’s normally a knee-jerk reaction in response to an individual’s actions.

Nowadays, as more and more information comes to light, officers are, and if they’re not they should be, taking a different approach to handling people in states of excited delirium and other similar circumstances. Necessity demands careful planning along with the assistance of trained medical professionals.

The first step is that officers must be trained to recognize the characteristics of the condition. If they’re called to a scene and then determine their suspect is indeed in a state of excited delirium they should immediately call for back up (4-6 officers are optimum). As the same time they should request emergency medical personnel (local EMS must also be trained and prepared to deal with these situations).

Officers should gain control of the suspect’s arms and legs, immobilizing them, not applying Taser burst after Taser burst. Besides, what’s the point of more shocks after a suspect is handcuffed and face-down on the ground. Knees to the neck and back area, and everyone climbing on top of the subject to hold them down by sheer weight, are all a big NO! But more on this in a moment.

The safe restraining tactic of immobilizing the suspect’s arms and legs should be practiced over and over again until it’s perfected. Each officer should know what he’s going to do before the technique is initiated (who grabs which arm or which leg). Sure, sometimes it may be necessary to use an electronic stun device, but only when absolutely needed to gain control.

Once the suspect has been safely restrained and the danger to themselves and others has ceased, it’s time for appropriate medical treatment in a hospital, if needed, not a trip straight to jail. If medical attention is not needed, then it’s time to place the person inside a police vehicle for transport to the police station or local lockup for processing.

There is absolutely no reason to have a subject remain facedown on the pavement, in handcuffs, for an excessive amount time. Unless a medical emergency exists, once the subject is properly restrained officers should then place them inside a patrol vehicle. This ensures the safety of everyone involved. A handcuffed prisoner sitting inside the rear compartment of a police car presents no danger to anyone outside of the vehicle. Keeping them outside the locked vehicle, other than in the event of the aforementioned medical emergency, however, is a recipe for disaster where anything could go wrong.

Defensive Tactics

Let’s return to “piling-on” and how this ages old police tactic could cause death, and there’s no better point in time to address it than on May 25, 2020, when George Floyd became unresponsive while restrained by law enforcement officers.

By now you’ve all seen the horrifying video of former officer Darek Chauvin calmly perched atop George Floyd, casually glancing around the area while his his left knee was firmly pressed into the flesh at the right side of Floyd’s neck. Chauvin’s knee was situated at the precise area of the neck where compression could slow or stop blood flow to the brain via the carotid artery. No blood to the brain also means no oxygen to the brain.

Piling on is a tactic that should NEVER be deployed. As a defensive tactics instructor and trainer of instructors, I urged both academy recruits and seasoned officers to utilize approved methods of restraint that included various takedowns, joint locks, and other tactics. At no time did we teach a technique that involved a neck restraint that could compromise blood or oxygen flow to the brain, including chokeholds of any type. And we definitely did not teach a technique that involved a knee to the neck.

The Autopsy of George Floyd

The medical examiner/pathologist who conducted the autopsy of George Floyd’s body was Andrew M. Baker, M.D. of the Hennepin County Medical Examiner’s Office

Forensic pathologist/author Dr. Jonathan Hayes, someone’s whose background and reputation in forensic pathology is stellar, recently stated that, and I quote from his Facebook post, “The Hennepin County Medical Examiner’s Office, with the consent and cooperation of Mr Floyd‘s family and their lawyers, have released the full autopsy report.” Dr. Hayes continued by emphasizing that the Hennepin County Medical Examiner’s Office is one of the better medical examiners’ offices in the country, one that’s staffed with top forensic pathologists who, “will have meticulously documented with copious photographs, microscopic slides or detailed lab reports.”

Those of you who attended Dr. Hayes’ brilliant lecture at the Writers’ Police Academy already know bases his commentary on fact, knowledge, experience, and expertise.

The Report

The medical examiner/pathologist who conducted the autopsy of George Floyd’s body was Andrew M. Baker, M.D.

The Hennepin County Medical Examiner’s Autopsy Report lists as a final diagnosis in the death of 46-year-old George Floyd aka Floyd Perry as: SUBDUAL, RESTRAINT, AND NECK COMPRESSION – 46-year-old man who became unresponsive while being restrained by law enforcement officers; he received emergency medical care in the field and subsequently in the Hennepin HealthCare (HHC) Emergency Department, but could not be resuscitated. (Hover your cursor over the document and then click to navigate through the pages).

Autopsy_2020-3700_Floyd

The video most of us watched in the early hours immediately after Floyd died showed us only former officer Darek Chauvin kneeling on Floyd’s neck. Another officer, Tou Thao, 34, stood nearby to prevent onlookers from approaching. What we didn’t see was the goings-on behind the police vehicle to Chauvin’s right.

A screenshot (below) shows Thao standing next to Chauvin (1st officer kneeling). Chavin’s left knee is against Floyd’s neck, and his right positioned atop Floyd’s upper back. A third officer is also kneeling on Floyd’s body as is the fourth officer pictured on the far right, at or near Floyd’s lower leg area. This is piling on. They’re using their combined weight to restrict Floyd’s movements.

Imagine for a moment that the weight of the three officers wearing full gear totaled approximately 600 lbs. Now consider how a python or anaconda captures its prey and then squeezes and squeezes and squeezes until its victim’s circulatory system shuts down. The prey’s ability to adequately inhale and exhale gradually diminishes. It’s a crushing sort of death that with each exhale the pressure against the body prevents the lungs from inflating. Then another exhalation. “I can’t Breathe.” No inhalation. Another tightening. An exhale. “I … can’t … breathe …” A squeeze. A tiny exhalation. And …

Restraint Asphyxia – when someone is placed  on their stomach without the means to shift position(s), the abdomen cannot expand. As a result, the diaphragm can no lunger function and the brain can become starved of oxygen. If the condition is allowed to continue, death is imminent.

Did Chauvin murder George Floyd in cold blood, in full view of numerous witnesses? Was he indeed that stupid and callous? Or, in his mind did he honestly believe he was doing the right thing as the situation dictated?

It is my opinion that there is no sound reason for Chauvin’s actions, and I believe we’ll soon see the defendant wearing a state prison uniform while residing in segregation. If convicted, I cannot imagine that he’d ever be safe in general population. At least not for a very long time. He’s a marked man.

Minneapolis Police Department Use of Force Policy

At the time of George Floyd’s death, the Minneapolis Police Department’s use of force policy permitted the use of neck restraints in certain circumstances.

5-311 USE OF NECK RESTRAINTS AND CHOKE HOLDS (10/16/02) (08/17/07) (10/01/10) (04/16/12)

DEFINITIONS I.

Choke Hold: Deadly force option. Defined as applying direct pressure on a person’s trachea or airway (front of the neck), blocking or obstructing the airway (04/16/12)

Neck Restraint: Non-deadly force option. Defined as compressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck). Only sworn employees who have received training from the MPD Training Unit are authorized to use neck restraints. The MPD authorizes two types of neck restraints: Conscious Neck Restraint and Unconscious Neck Restraint. (04/16/12)

Conscious Neck Restraint: The subject is placed in a neck restraint with intent to control, and not to render the subject unconscious, by only applying light to moderate pressure. (04/16/12)

Unconscious Neck Restraint: The subject is placed in a neck restraint with the intention of rendering the person unconscious by applying adequate pressure. (04/16/12)

PROCEDURES/REGULATIONS II.

  1. The Conscious Neck Restraint may be used against a subject who is actively resisting. (04/16/12)
  2. The Unconscious Neck Restraint shall only be applied in the following circumstances: (04/16/12)
    1. On a subject who is exhibiting active aggression, or;
    2. For life saving purposes, or;
    3. On a subject who is exhibiting active resistance in order to gain control of the subject; and if lesser attempts at control have been or would likely be ineffective.
  3. Neck restraints shall not be used against subjects who are passively resisting as defined by policy. (04/16/12)
  4. After Care Guidelines (04/16/12)
    1. After a neck restraint or choke hold has been used on a subject, sworn MPD employees shall keep them under close observation until they are released to medical or other law enforcement personnel.
    2. An officer who has used a neck restraint or choke hold shall inform individuals accepting custody of the subject, that the technique was used on the subject.

The Minneapolis policy also stated:

5-303.01     DUTY TO INTERVENE (07/28/16)
(A-D)
A.    Sworn employees have an obligation to protect the public and other employees.
B.     It shall be the duty of every sworn employee present at any scene where physical force is being applied to either stop or attempt to stop another sworn employee when force is being inappropriately applied or is no longer required.
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The FBI is for the Birds!

Did you know …

The FBI maintains an Anonymous Letter File. The file is searchable and contains images of anonymous and threatening letters. Letters may be examined and compared to those from other cases. Original documents are preserved in the manner in which they were received. They may not be folded, stamped, written on, handled excessively, or altered in any way. Avoiding these problematic issues preserves unseen evidence, such as indented writing.

Bank Robbery Notes – Like the Anonymous Letter File, the FBI also maintains a searchable file containing images of notes used in bank robberies (“Gimmie all your money,” signed I.M. Wearingamask). Notes may be compared to others used in other robberies. Original notes are preserved in the condition in which they are received. They, too, are checked for unseen evidence.

Bullet Examinations

The FBI’s Forensic Services is available to examine fired bullets. Measurements collected are—bullet weight, specific design, caliber, direction and characteristics of the grooves (rifling) carved into the bullet by the lands and grooves formed into the barrels of rifles and handguns.

Lands are the raised portions between the grooves inside the barrel. They’re formed after the spiral grooves are cut to produce the rifling.

Bullets collected as evidence must be packaged separately to prevent contacting other bullets and/or other objects. Bullets are generally soft and easily marred by contact.

Spy Stuff!


Coded messages are sometimes used by criminals such as terrorists, gang members, and even prison inmates. They devise the secret codes to relay messages they want to conceal from authorities and rivals/enemies.

Cryptanalysis

Knowing the content of these hush-hush communications is key to solving crimes and sometimes protecting life. Therefore, the FBI employs a team of Code Breakers whose job is to decipher the encrypted notes. They often find directives of murder, prison escape, confessions to crimes, drug activity, and more.

Collecting DNA Evidence – Bone, Tissue, Teeth

The FBI is quite specific about the evidence samples needed to complete proper testing/examination. The requirements for bone, teeth, and tissue are as follows:

  • Submit whole bones, if possible. Cutting increases the risk of contamination
  • Pick up bone and teeth using a clean gloved hand or some type of forceps
  • Teeth are to be collected in order of preference for testing
  1. molar (no dental work)
  2. premolar (no dental work)
  3. canine (no dental work)
  4. front tooth (no dental work)
  5. molar (restored)
  6. premolar (restored)
  7. canine (restored)
  8. front tooth (restored)

Tissue

Handle/pick up tissue with clean gloved hand or forceps. The ideal sample would be 1-2 cubic inches of red skeletal muscle, placed into a clean, airtight container. NO Formalin! Samples may be frozen, placed in Styrofoam containers along with dry ice and shipped overnight to the FBI lab.

This One’s For the Birds!

FBI experts are on hand to examine bird feathers. No, you didn’t imagine this. It’s very real. FBI scientists can determine species from feathers or bits of feather found on clothing, shoes, vehicles, etc. Then they compare those finds with feathers discovered at a crime scene. A positive match could place a suspect at the scene of a crime.

Feathers (evidence) are packaged in either paper or resealable plastic bags.

MURDERCON 2021

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2021 MurderCon takes writers behind the scenes, into places not typically traveled by anyone other than law enforcement and forensics experts.

I urge you to take advantage of this rare opportunity. It may not pass your way again.

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The Exclusionary Rule & Fruit of the Poisonous Tree

The Exclusionary Rule keeps police officers in check while conducting searches. It prevents prosecutors from presenting illegally obtained evidence.

The rule states that any evidence siezed during an improper search cannot be used, no matter how incriminating it may be (see Fruit of the Poisonous Tree below).

And, if this improper evidence the key piece to the entire case—the smoking gun—the prosecution may be forced to drop the case, sending a very guilty crook back on the street. The defendant may also have grounds for a civil suit against the officers involved, as well as the police department and the city.

The Exclusionary Rule is basically the Supreme Court keeping watch over search-warrant-serving cops.

There are exceptions to the exclusionary rule, such as:

When officers rely on a warrant that later turns out to be invalid. For example, officers search a house and find a large cache of illegal weapons along with a guy who’s in the process of grinding off serial numbers from an AK-47. Later, the court learns that the address on the warrant was incorrect because the detective accidentally typed River Avenue instead of River Road. Or, the landmarks used to identify the property to be searched were improperly, but accidentally, recorded.

“I meant the blue house on River Road, the first one on the right past the old oak tree, not the first one on the left. It was an honest mistake. Oops!”

In such cases, warrants may still be ruled valid and the seizure of evidence may still be legal. Or, the warrant may be ruled invalid but the seizure of the evidence could possibly stand. This is so because the officers were acting in good faith, believing they were on the property based on a constitutionally sound warrant (This is a weak example, but you get the idea).

However, if a police officer lies to the judge or magistrate, or if the judge or magistrate showed bias toward the officers when issuing the search warrant, the warrant is invalid and the exclusionary rule is in effect. The evidence recovered by the police may not be used. In fact, it will be tossed out of court, and possibly the officer, too.

Did you know??

Fruit of the Poisonous Tree – Illegally obtained evidence cannot be used against a defendant. Evidence illegally obtained is “Fruit of the Poisonous Tree.”

 

MURDERCON

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I urge you to take advantage of this rare opportunity. It may not pass your way again.

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Secrets of the Graveyard Shift: The Experts Behind the Scenes

Today I’d like to take a moment to recognize some of the people who work tirelessly behind the scenes of this blog. Yes, this site has tons of moving parts that require many creative minds and many hands to turn the dials, push the buttons, and flip the switches. So without further ado …

Cap’n Rufus “Peanut” Jenkins is in charge of our patrol division. It is he who offers details of traffic stops, responses to various types of calls, training information, etc. His teams also provide security in and around our property.

Cap’n Rufus “Peanut” Jenkins

Our two sharp-dressed cops, Rusty and Willie, provide backup during all dangerous situations that may occur during the writing of blog articles.

Sharp-dressed cops Rusty and Willie,

Our in-the-field reporter, Jerry “Fake News” Journalyss.

Jerry “Fake News” Journalyss.

Animal Control Officer Chuck “The Chicken” Davis handles all calls involving runaway animals, cases of animal abuse, chicken theft, and more.

Animal Control Officer Chuck “The Chicken” Davis

Third Shift Watch Commander, Lt. L. Arge Rat.

Lt. L. Arge Rat

Larry “The Knife” Johnson, a master of disguise, plays the parts of a few bad guys on the site.

Larry “The Knife” Johnson

Paulie “The Painter” appears as himself.

Paul the Painter

Bad Breath Bill played himself during an article about edged weapons. Larry “The Knife” Johnson joined him in the post.

Bad Breath Bill

Major Mechanical serves as Chief Deputy.

Major Mechanical

O-R3 and Running Bad Guy, a regular on the site, teamed up to teach us about crime-fighting robots.

O-R3 and Running Bad Guy

Facilities manager, Rosie, maintains a clean website—no profanity and no discussions of hot-button issues, such as politics, race, religion, etc.

Rosie

The Man in the Moon supervises the daytime operations of Graveyard Shift.

Man in the Moon

For some reason, and we don’t know why, this weasel pops in from time to time.

Weasel “popping”

Today, nothing and no one are safe from scandal. These two, Betty and Billy, for example, have been at it for quite a while now. We’ve threatened to fire them but they cannot seem to control their emotions.

The “pucker factor” sometimes causes strange reactions.

Harry “Hot Sauce” McGee is our resident expert on non-lethal weapons.

Harry “Hot Sauce” McGee delivers the “Juice”

“The Hand” appears throughout the site. Here we see him demonstrating the proper procedure for “drawing” a gun.

“Drawing” a service weapon

As a precaution, we routinely sweep the site for things that go boom, and other hazards. Here we see Beauregard the Bomb Dog doing what he does best.

Beauregard the Bomb Dog

To teach us about Rigor and Livor, the Mortis Twins, we brought in world-renowned death expert Frankie Stein.

Frankie Stein

Our aquatics experts, Dewey D. Duck and Ronnie Raft.

Dewey D. Duck (upper right) and Ronnie Raft (lower left, bottom, sides, and rear).

Dewey’s 1st cousin, “Three-Eye” is our resident surveillance expert.

Three-Eye

Guarding us around the clock is Police K-9 Sha-Key. Never felt safer in my life.

K-9 Sha-Key

Tommy Turtle and Tiny Tom are on-hand to detail the effects of bioterrorism.

Tommy Turtle and Tiny Tom

Skeeter Simpson teaches us about bloodstain patterns.

World-renowned bloodstain pattern expert Skeeter Simpson

Of course, to maintain the grounds of the Graveyard Shift compound, we employ top professionals that include horticulture expert Gilly Goat.

Gilly Goat

Website repairperson and master carpenter Harry Hammer is never happy when links are broken.

Harry “The Frown” Hammer

Crime Scene Experts, Grant Greenfly and Bobby Blowflow, always know the finest of details. They’re like, well, flies on the wall.

Crime Scene Expert Grant Greenfly

Crime Scene Expert Bobby Blowfly

Sergeant Sam Stinkfeet is a real pro at evidence collection and preservation.

Sergent Sam Stinkfeet

Hematology expert O. Positive, along with a rare visit by renowned scientist B. Negative, provided much-needed information about blood evidence.

Hematology experts O. Positive and B. Negative

Officer survival expert Fred Fish taught us of the dangers associated with tunnel vision.

Fred Fish

The “Yelling Woman,” played by Laura Largelungs, is featured throughout the site as the person/witness who’s screaming nonstop … at crime scenes, he-said/she-saids, domestic calls, at, well, everywhere. She/he is the person who “loses it” no matter the situation. And they never fail to get in the way at every step.

Laura Largelungs screams, “Help, poleeeece!”

Larry Lipzipper – Miranda expert.

Larry Lipzipper rehearsing his lines. “You have the right to remain silent. Use it!”

The part of the villain is played by actor Carl Cockroach.

Carl Cockroach, in character.

Prison information provided by Calvin Convict.

Calvin Convict

Weak Walter often describes the thought processes and actions of criminal suspects who enjoy fighting the police, but aren’t very good at it.

Weak Walter 

Our staff of law experts, led by by Judge I. Have Power, are always on standby to weed through legal issues.

Judge I. Have Power

Howard Hacker, our cyber crimes expert, is on standby to answer all questions.

Cyber crimes expert Howard Hacker

As you can see, The Graveyard Shift is well-staffed by a slew of top experts. Without them we’d be just another blog.

Of course, there are many other experts who walk our hallways and occupy the offices of our elaborate compound. Unfortunately, there’s not enough time or space to showcase each of them today. And, there are many more characters experts on the way, and you’ll soon them and some of our regulars in places other than this blog. As they say … STAY TUNED!

MURDERCON

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2021 MurderCon takes writers behind the scenes, into actual murder cases where you’ll learn intricate crime-solving details, including how creepy-crawling insects assist detectives.

To help add a special twist to your crime novels, one of the world’s leading forensic entomologists, DR. JASON H. BYRD,  is scheduled to present a spectacular presentation called “Forensic Entomology: Utilizing Insects in Criminal Investigations.”

In this session you’ll learn how “Insects that inhabit human tissue in postmortem situations can play a valuable part in death investigations. You’ll also learn how experts use medicocriminal entomology to help determine time of death, establish the geographical location where a death likely occurred, link suspects to victims, and even offer a different source of toxicology and DNA evidence. is an entertaining and educational discussion of the history of homicidal poisoning from the days of early man, down to the present, with case discussions of real poisoners drawn from criminal history. Also discussed will be the psychology of the poisoner, and poisons used by writers in their fictional works.”

Other MurderCon classes include forensic botany, cold cases, active homicide investigations, fingerprinting difficult surfaces (wet, sticky, etc.), case studies of the FBI, and much more.

I strongly urge you to take advantage of this rare opportunity to learn details not typically available for non-law enforcement.

MurderCon is a “killer” event!

www.writerspoliceacademy.com

Seats at this unique event for writers are LIMITED!

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You Can’t Arrest Me ‘Cause I’m a Woman, and Here’s Your Chicken

Crooks say the darndest things, especially when operating their mouth parts while under the influence of alcohol, coke, and/or meth.

Here are some (only a few) of the things the little darlings said to me over the years. Use your imaginations to determine my response(s).

1. “Pepper spray me. Go ahead, I dare you. Spray me. That hot stuff don’t bother me.”

Okay, you asked for it …

2. “I’ll kill your family.”

3. “I know where you live.”

4. “You think you’re man enough? Well, you’re not. And your backup’s not so tough either. Bring it on …”

Sharp-dressed cops

5. “I’m not getting out of my car, and you can’t make me.”

6. “I’ve got a gun.”

7. “You’re not big enough or man enough to put me in that police car.”

8. “Don’t put your hands on me.”

9. “You won’t live long enough to put those handcuffs on me.”

10. As he rips off his shirt and flexes, while backing up … “You don’t want none of this.”

Why is it that even the smallest of the small think they’re toughest of all when they’re intoxicated?

11. “If I ever catch you out of uniform …”

12. “Does your dog bite?”

13. “If you think that fancy nightstick will stop me, think aga … OUCH!”

14. “Yeah, what are you going to do if you catch me?”

15. “You’re going to have to come in and get me.”

16. “I’m not scared of you or your police dog. I don’t care if it is a rottweiler.”

Police K-9

17. “You can’t arrest me. I play golf with your boss.”

18. “You can’t prove none of that.”

19. “I’m glad you’re the one who caught me. We’re friends, right? Want a chicken?”

20. While working undercover narcotics. “You have to tell the truth when I ask if you’re a cop, right?”

21. If you think my dog will let you take me out of this house, well, think again, Barney Fife. Sic ’em, Blue!”

Finally …

The list, my friends, is endless. As is the stupidity.

MURDERCON

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2021 MurderCon takes writers behind the scenes, into actual murder cases where you’ll learn intricate crime-solving details, including the nitty-gritty about the instruments of death used by killers, such as poisons, a favorite means seen in countless numbers of books.

To help gather “poisonous” fodder for your next book, JOHN HARRIS TRESTRAIL, the renowned Forensic Toxicologist who’s known as worldwide as The Poison Detective, is scheduled to present “Forensic Toxicology: Poisoners Throughout History. This thought-provoking session is an entertaining and educational discussion of the history of homicidal poisoning from the days of early man, down to the present, with case discussions of real poisoners drawn from criminal history. Also discussed will be the psychology of the poisoner, and poisons used by writers in their fictional works.”

Other MurderCon classes include forensic botany, entomology, cold cases, case studies of the FBI, and much more.

I strongly urge you to take advantage of this rare opportunity to learn details not typically available for non-law enforcement.

www.writerspoliceacademy.com

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The Language of Cops & Crime Scene Investigators

The language of cops and crime scene investigators is certainly something that can be incorporated into works of fiction for an added layer of realism. Of course, the writer’s work shouldn’t read like a law enforcement dictionary, but the use of proper terminology, when appropriate, is definitely a nice touch to any crime novel. Dialog between law enforcement characters is the perfect spot for the use of such terms.

Here are a few terms you may find useful to your works-in-progress.

ABFO scales.

ABFO scales. Image courtesy Sirchie 

ABFO scales (often referred to as “scales”): “L” shaped plastic pieces used in crime scene photography. The scales are often marked in millimeters for size comparison(s). Circles, black, white, and gray bars on the scales are there to provide exposure determination, and to assist in distortion compensation. AFBO = American Board of Forensic Odontology.

Alternate Light Source

Alternate Light Source. Image courtesy Sirchie 

ALS (Alternate Light Source): Lighting equipment used to enhance/visualize potential evidence.

Case File: Collection of documents pertaining to a specific investigation. The case file specific to a particular homicide investigation is sometimes called the “murder book.”

Case Identifiers: Specific numbers or alphabetic characters assigned to a specific case for the purpose of identification. For example – Case #ABC-123 or #987ZYX

Chase: Empty space inside a wall, floor, or ceiling that’s used for plumbing, electrical, and/or HVAC ductwork. A chase is a common hiding spot for illegal contraband and/or evidence (murder weapons, narcotics, stolen items, etc.).

Chain of Custody: Legal process of documenting the chronological history of pieces of evidence. The documentation includes the signature/initials of each person who at some time or another had possession of a particular piece of evidence. Dates and times of possession are also recorded.

Chain of Custody labels

Pre-printed chain of custody label. Image courtesy Sirchie 

It is not unheard of for each person in “the chain” to be summoned to court to testify that they indeed had possession of a particular piece of evidence at the time documented. And, they’re often asked to explain their purpose of having and handling the evidence.

For example, a laboratory scientist may be in the chain of custody for a suspected marijuana case. Her purpose of possessing the item on, for example, January 12, 2013 was to conduct scientific testing to determine the identity of a green, leafy, plantlike material found inside a wall chase in the bedroom of a suspected drug dealer.

 

 

 

 

 

 

 

Dying Declaration: Statement about a crime made by a person who is about to die.

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Electrostatic Dust Lifter: Device that electrically charges a piece of plastic film that’s placed over a print made in dust (a shoe or palm print, for example), which in turn causes the dust to adhere to the film. The result is a perfectly captured print that’s ready for photographing.

electrostatic dust lifter

Author Donna Andrews moves in for a closeup shot of an electrostatic dust lifter at the 2012 Writers’ Police Academy.

Gunpowder Particle Test Kit: Used for the collection of gunpowder residue from , for example, hands and clothing.

Gunpowder particle test kit

Gunpowder particle test kit – Sirchie 

 

 

 

 

 

 

 

 

 

Latent Print: Print that’s not readily visible to the human eye.

Outsole: The portion of shoes or other footwear that contacts the ground.

Paper Evidence Bags: Used for packaging wet evidence (items containing blood, semen, saliva, etc.). Cardboard boxes and paper envelopes, too. Paper is porous, allowing the material to breathe and not breed harmful bacteria.

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Patent Print: A fingerprint that’s easily seen/visible with the naked eye, without the use of powders and/or chemical or other enhancements.

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Plastic Evidence Bags – Used for packaging dry evidence. Plastic bags are excellent incubators for bacteria, and bacteria can and does destroy or degrade DNA evidence.

So no wet evidence in plastic bags, unless the goal is to make a home for this guy …

plastic evidence bags

Plastic bags/containers can serve as incubators for DNA-destroying bacteria.

 

 

 

 

 

 

 

 

 

 

 

Projectile Trajectory Analysis: The process used to determine the path traveled by a high-speed object (bullets, arrows, etc.).

Trace Evidence: Small bits of evidence, such as fibers, hairs, glass fragments, gunshot residue, etc.

Evidence vacuum

Evidence vacuum for the collection of small/trace evidence – Sirchie Fingerprint Laboratories

 

 

 

 

 

 

 

 

 

REGISTRATION IS OPEN!

2021 MurderCon takes writers behind the scenes in actual murder cases, including a high-profile case investigated by FBI Special Agent David Alford. Yes, Agent Alford (ret.) is indeed the instructor for this captivating session. Actual crime scene photos and information!

Other classes include forensic botany, entomology, poisons/toxicology, cold cases, and much more.

I strongly urge you to take advantage of this rare opportunity to learn details not typically available for non-law enforcement.

www.writerspoliceacademy.com

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Miranda and Lying Cops: Do As I Say, Not As I Do

Those of you who’ve visited this site over the years know that cordite is a big NO and that cops are NOT required to spout off Miranda rights the second they apply handcuffs to the wrists of an offender. You do remember those two points, right?

For the newcomers, here’s a quick refresher on the reading of rights (click the above link to read more about cordite).

Miranda

When is a police officer required to advise a suspect of the Miranda warnings? Well, I’ll give you a hint, it’s not like we see on television. Surprised?

Television shows officers spouting off Miranda warnings the second they have someone in cuffs. Not so. I’ve been in plenty of situations where I chased a suspect, caught him, he resisted, and then we wound up on the ground fighting like street thugs while I struggled to apply handcuffs to his wrists. I can promise you I had a few words to say after I pulled the scuz to his feet, but Miranda wasn’t one of them. Too many letters. At that point, I could only think of words of the four letter variety.

Custodial Interrogation

Two elements must be in place for the Miranda warning requirement to apply.

  • The suspect must be in custody
  • They must be undergoing interrogation (advisement of Miranda comes prior to questioning, while in custody).

A suspect is in police custody if he’s under formal arrest or if his freedom has been restrained or denied to the extent that he feels as if he’s no longer free to leave.

This fellow is not free to leave.

arrest-take-down.jpg

Interrogation is not only asking questions, but any actions, words, or gestures used by an officer to elicit an incriminating response can be considered as an interrogation.

If these two elements are in place officers must advise a suspect of the Miranda warnings prior to questioning. If not, statements made by the suspect may not be used in court. The absence of Miranda doesn’t mean the arrest isn’t good, just that his statements aren’t admissible.

Officers are not required to advise anyone of their rights if they’re not going to ask questions. Defendants are convicted all the time without ever hearing that sing-songy police officer’s poem,  “You have the right to …”

 

 

 

 

 

 

 

 

 

 

 

 

Deception and Lying: Do As I Say, Not As I Do

We all know that it’s illegal to lie to the FBI. And we all know what can happen if you do. That’s right, you go to federal prison where you’ll join the elite Stewart/Huffman/Loughlin Club.

Making false statements (18 U.S.C. § 1001) is a federal crime laid out in Section 1001 of Title 18 of the United States Code. This is the law that prohibits knowingly and willfully telling fibs to the cops.

On the other hand, it’s perfectly fine for the cops to lie to you. Seems fair.

Police detectives/officers are legally permitted to “stretch the truth  lie in order to solve criminal cases. The case law that permits the officers to fib to suspects is Frazier v. Cupp (1969).

In Frazier, the police falsely told murder suspect Martin E. Frazier that his cousin, Jerry Lee Rawls, had implicated him in the crime (the two were together at the time). He then confessed but later claimed that police shouldn’t be permitted to lie because otherwise he wouldn’t have admitted guilt. The Supreme Court agreed with the police and they’ve been legally fibbing to crooks every day since.

Police investigators use a variety of deceptive tactics, such as:

  • Displaying false sympathy and/or claiming to understand the situation
  • Minimizing the seriousness of the offense and the offenders role
  • Falsely stating there is hard evidence to support a conviction
  • Confession from an accomplice that implicates the suspect
  • And the ever popular, “We have an eyewitness who saw you there.” 

The Florida Second District Court of Appeal went a bit further by limiting just how far the  police can go when stretching the truth. In Florida v. Cayward (1989), the court ruled that it’s perfectly okay to tell fibs (orally) but they may not fabricate evidence in order to deceive suspects. Cayward claimed the police fabricated laboratory reports as a trick to induce a confession. It worked and he spilled the beans. However, the court said police crossed the line and ruled in Cayward’s favor and suppressed the confession.

To sum up – Don’t lie to the cops, and …

Registration is OPEN!

www.writerspoliceacademy.com

 

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Qualified Immunity: A Get Out of Jail Free Card for Police?

“Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan 

Qualified immunity protects government officials, including police officers, from lawsuits alleging that the official violated someone’s clearly established statutory or constitutional rights. More about “clearly established” in a moment.

In the case of Harlow v. Fitzgerald, the U.S. Supreme Court recognized the need for a qualified immunity defense to protect government officials, including police officers, from frivolous lawsuits that often stem from their official actions. However, the Court also made it perfectly clear that the vast majority of government officials, again, including police officers, are not entitled to absolute immunity. That privilege is solely reserved for a select few officials at the top of the food chain.

Qualified immunity lawsuits may proceed only when an individual’s “clearly established” statutory or constitutional rights have been violated.

When examining cases of qualified immunity, courts consider if a reasonable government official or police officer knew that their actions violated the rights of the plaintiff. Another factor considered by the court is if the law in question was in effect at the time of the alleged violation of a right(s). Of course, if the law is the same at both times, then that is the law that’s considered when determining an outcome.

The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, not in hindsight.

Qualified immunity applies only to lawsuits against individual government officials, again, including police officers, and not those against the overall government itself. Damages caused by a government official may be covered under qualified immunity, yes, but a government may still be held responsible. This is why we sometimes see damages paid by cities to individuals, or their families, as a result of, for example, a police action.

Police officers can act without fear of being sued as long as their conduct does not violate the victim’s constitutional rights. However, those rights must be so clearly established and apparent that a reasonable person would have known them. This is the intended purpose of Qualified Immunity.

An example of qualified immunity is when an officer reasonably but mistakenly concludes that probable cause exists, or when they reasonably believe that their action was constitutional.

Officer Real Lee Honest passed by a liquor store while walking his beat. He saw a man behind the counter holding the store clerk in a chokehold. The two men stood near the cash register. Officer Honest, believing the man was robbing the clerk, immediately called for back and then entered the store with his pistol in hand, aimed at the “robber.” The officer shouted for the robber to release the clerk and to lie flat on the floor. The man complied while loudly proclaiming innocence but allowed the officer to apply handcuffs to his wrists.

Lots of shouting between the officer and the suspect. The store clerk was also shouting something, but the officer whose adrenaline was in “Danger/Robber-in-Progress” mode was unable to process the words of the clerk due to auditory exclusion. His attention was on the “robber” and, of course a safe outcome of the situation.

As it turned out, the “robber” was a MMA fighter called “Snake” who trained with his best friend, the store clerk, and he was merely demonstrating a technique to his pal.

Snake felt his rights had been violated and he hired an attorney to sue the officer. The court, though, ruled that the officer acted in good faith and that no reasonable person would have thought the officer’s action were unconstitutional. An honest and reasonable mistake. Qualified immunity applies.

In the case of Derek Chauvin, the former police officer charged with the killing of George Floyd, the victim’s family may have a difficult time proving their civil case against the officer due to qualified immunity. To prevail, they must cite precedents in which past defendants were found to have violated the law in exactly the same manner as the violations committed by Chauvin.

It’s important to know that qualified immunity applies only in civil cases, NOT in criminal trials. So no, qualified immunity is NOT a get out of jail free card for police. Qualified immunity helps officers to not second guess their actions when mere seconds count when in life or death situations.

The split second decision of protecting their lives or the lives of others should not hinge on the worry of losing everything they own in a civil lawsuit. Instead, their sole worry when in a life or death situation, should be on living to see another day. Still, the decision must be one that’s reasonable and does not violate constitutional rights.

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The Complacency Monkey Shares Street Survival Tips for Officers

Law Enforcement. The job is dangerous, no doubt about it. Driving at high speeds. Guns. Bullets. Knives. Fights. Bombs. Well, you get the idea.

So what can officers, fictional or real, do to stay safe in a world where bad guys have no problem with taking pot shots at anyone, anytime? Certainly there’s no guaranteed method of living to see tomorrow, but cops are trained survivors. They’re taught the things they need to do to make it home at the end of the day, and they’re definitely taught the things officers should NOT do.

Unfortunately, with time, convenience often wins over safety. And let’s face it, a false sense of cozy well-being and street survival do not play well together. The complacency monkey that often hangs over the heads of both new and seasoned officers is very real and very dangerous

So, what can officers do to rid themselves of the deadly monkey?

1. Search. Search. Search. And search again! – Always search suspects thoroughly before placing them inside your patrol car. Never assume your partner searched the guy.

2. Handcuff, handcuff, handcuff – Always handcuff suspects, and always handcuff to the rear. Never, ever cuff anyone with their hands in front no matter how passive they may seem. The exception, of course, is when transporting jail or prison inmates to court and other locations. Those situations occur long after an arrest when adrenaline and the desire to flee or fight is greatly reduced. Still, some prisoners are escape risks and/or a danger to the officers and others and extra precautions should should be taken to avoid trouble. For example, the use of waist chains, leg irons, hinged cuffs, deadbolt locking cuffs, and black box or other handcuff covers to prevent shimming or lock-picking.

Safety first. It’s impossible to undo an assault, or death.


3. Hands – Always watch the hands. They can be used as deadly weapons. Always make the bad guy show his hands and keep them where you can see them.

4. Relaxing is for home, the beach, and at ball games. While at work, however, never let down your guard when answering a call of any type. Each and every person encountered has the potential of harming or even killing you. And, speaking of relaxing, get plenty of rest during your off time. There’s nothing worse than being partnered with someone who’s sleepy, not alert, and not functioning at the top of their game.

5. Upper hand – Officers should always maintain control of the situation. Assume an advantageous position and keep it. Do NOT let the suspect move into a better tactical position than yours.

6. The Cop’s Sixth Sense is rarely ever wrong. If something doesn’t feel right to you then it’s probably not. Regroup. Back out. When unsure, wait for backup. And that brings us to #7.

7. A dead hero will always be dead. There’s no shame in waiting for the cavalry to arrive. Do not enter into a dangerous situation alone, if possible. Sure, we all know there are times when you have to do some things that civilian folks would never do, but don’t be stupid.

8. Good equipment. Be sure all your equipment is in top-notch shape—radios working, handcuffs free of anything that’ll prevent them from locking in place, weapons are super clean, oiled, and ready to fire, OC spray is not out of date (be sure to shake the can once in a while to keep the ingredients well-mixed), ammunition is clean, magazine springs are in superb condition, etc.

9. Drive safely. Use the tips you were taught in the academy. Two hands on the wheel (let your partner work the radio and lights, if you have a partner). Never follow the suspect’s tail lights unless you intend to follow him off a cliff. Be aware of your surroundings at all times. BACK OFF the pursuit if you’re uncomfortable with the speed you’re traveling. Remember, the bad guy can’t outrun your radio. You already have the license number and description of the car, right? One dumb bad guy getting away is not worth your life. Never.

10. ALWAYS wear your vest. Wear reflective gear when directing traffic or at accident scenes. Use flares when needed. Get plenty of exercise and eat well and eat healthy food. And train, train, and train!

Spend time with your family.

The Monkey Song

“Here we go ’round the dry thistle
Monkey can climb but I can whistle
He can’t sing and I can’t dance
And the monkey don’t have to wear no pants.” The Nitty Gritty Dirt Band, “The Monkey Song”

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An 18-Step Guide to Homicide Investigations, and Virtual MurderCon 2021

You’re working patrol on the west side, the crime hub of your area, with thirty minutes to go on your last graveyard shift of the month. And, as your typical run of bad luck would have it, the only type of luck you’ve ever known, you catch the call. Homicide. Male victim. Multiple gunshot wounds. It’s a call that’ll have you working well into the next shift, causing you to miss out on precious early morning sleep

Your department’s small, with no crime scene unit and only two detectives. The senior detective is out sick. Doctors say she has a severe case of the Crawling Creepy-Cruds and won’t be able to return to work for several days. Her partner is away attending a weeklong cordite festival, a historical reenactment event where enthusiastic attendees dress up as characters who made the stuff (cordite) back at the end of WWII.

And, to top off this bout of wonderful misfortune, your sergeant is busy preparing his workshops for MurderCon, a special event hosted by the Writers’ Police Academy and Sirchie. You’re hoping to catch the keynote session this year because the guest of honor is bestselling author Andrew Grant, who, writing as Andrew Child, continues the internationally-bestselling Jack Reacher series with his brother Lee (Child).

Then, well, it’s two full days of crime solving paradise for writers, readers, fans, journalists, investigators, patrol officers, and anyone else who has an interest in seeing how crimes are solved in the real world. 2021 MurderCon  classes include homicide investigations, toxicology—murder by poison, forensic entomology, forensic botany—plant evidence, cold cases investigations, human/fugitive tracking, FBI case studies, and much more. To sweeten the pot, each attendee will receive a cool mini Sirchie fingerprint kit to use during a hands-on class..

Now back to the homicide case du jour.

Do you, as responding officer, remember the basics? After all, with the exception of the occasional strong-arm robbery and nabbing a few peeping Toms, you’ve mostly done nothing for the past six years but write traffic tickets and respond to B&Es and he-said-she-said calls.

What do you do first?

Well …

  • Call for backup/assistance. If needed, the sheriff’s office and/or state police would probably send someone over to help. Besides, the killer may be waiting at the scene to ambush a cop. Don’t be a hero!
  • Avoid tunnel vision while on the way to the scene. Sometimes the bad guy can be found walking or running away, or hanging around to see the police lights and subsequent activity.

  • Secure the scene. Set up some sort of perimeter. The sheriff’s deputy could help with this duty. If your department is really small, other first-responders, such as firefighters and EMS, could help with stretching and hanging crime scene tape. Otherwise, have fellow officers seal the area to prevent anyone from entering and exiting.
  • Record the names and contact information of everyone in the area.
  • Separate the witnesses.

No, not that kind of separation …

  • Render first aid, if necessary. Call for EMS and the medical examiner.
  • Survey the scene. Develop a mental picture of what happened.
  • Examine the area for tracks. There may be an identifiable mark, brand, or logo. You may be surprised to see one of the nosy looky-loos wearing that very shoe.
  • If possible, collect or protect items of evidence before the medical examiner’s team and/or EMS enters the scene. Remember, writers, in some rural areas a medical examiner, or coroner, may not visit the scene, opting for EMS to transport the body to the morgue for examination/autopsy.

Trust me, EMS is not kind to evidence. Their priority is to save or revive the victim. Therefore, when the scene is a hot one, where there’s a possibility that they could save a life, they’ll trample, stomp, drag, kick, and move whatever’s in their path.

The aftermath of EMS and fire personnel (aka – Evidence Eradication Team, or EES) sometimes has the appearance of the destruction left behind by a small tornado. Stuff—gauze, paper wrappings, IV lines, dropped or discarded bandages, shoe and bootprints—is everywhere and, well, when they’re gone detectives look around and wonder … WTF just happened to my crime scene?

  • Make notes of everything, including the date, time, weather conditions, etc.
  • Document statements made by the M.E.. Record the M.E.’s time of arrival and the time the body is removed. Notes. Notes. And more notes.
  • Chain of custody has begun. Document all evidence collected and who took possession of it, including the body. Was the body bag sealed? Did the medical examiner transport the body to the morgue, or was it transported by the ambulance service?
  • Photograph everything. I mean E.V.E.R.Y.T.H.I.N.G.
  • If you’re lucky enough to have one handy, use a laser scanner to record details and measurements of the crime scene

  • Question as many witnesses as possible before calling it a night. It’s best to get statements before they’ve had  chance to talk to anyone, or perhaps get cold feet and not want to get involved. Besides, people tend to forget things in a hurry. They also tend to exaggerate or embellish a story if given the time to do so.
  • Be sure the notes you jot down are things you won’t mind having read aloud in court. Defense attorneys may ask to see your notes, and it would be embarrassing to hear your grocery list, or the beginnings of a mushy poem dedicated to your beloved schnauzer, read aloud to the jury.
  • Develop and use a written crime scene checklist. By doing so your testimony will be consistent in each and every case.
  • Be careful not to contaminate or transfer DNA evidence. Even fingerprint brushes can transfer DNA, so you should use a fresh brush for each crime scene. It would certainly ruin your credibility to have the DNA from the victim in your last case show up in the current one. Fingerprint powder can also become contaminated by dusting a surface and then dipping the brush back into the container for more powder.
  • Collect everything that could be used as evidence. Who knows what you may need later. Remember, it wasn’t all that long ago when scientists began using DNA found in evidence from old cases.
  • The last item on the mental checklist … use common sense.

* This list is not an official, standard checklist. Nor are the steps listed in a particular order. A formal, universal list does not exist. Each agency has its own policy, and each investigator has his/her own method of solving crimes.

MURDERCON

Registration Opens in March 2021!

Spots are Limited for this unique learning experience brought to you by the Writers’ Police Academy and Sirchie.

 

2021 Guest of Honor – Andrew Grant (Child)

Andrew Grant was born in Birmingham, England in May 1968. He went to school in St Albans and later attended the University of Sheffield where he studied English Literature and Drama. After graduation Andrew set up and ran a small independent theatre company which showcased a range of original material to local, regional and national audiences. Following a critically successful but financially challenging appearance at the Edinburgh Fringe Festival Andrew moved into the telecommunications industry as a ‘temporary’ solution to a short-term cash crisis. Fifteen years later, after carrying out a variety of roles – including a number which were covered by the UK Official Secrets Act – Andrew escaped from corporate life, and established himself as a critically-acclaimed author. He published nine novels under his own name, and in 2020 began a collaboration – writing as Andrew Child – with his brother Lee, to continue the internationally-bestselling Jack Reacher series. He is married to novelist Tasha Alexander, and lives on a wildlife preserve in Wyoming, USA.

 

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