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The Fall 2013 issue of the Bulletin Magazine
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INSIDE THIS ISSUE
Egg Harbor Township Police Use Highly Visibility Enforcement to Curb Crime
PCPA 100th Annual Education and Training Conference Re-Cap
FEATURE ARTICLE by CODY SYSTEMS
OFFICERSThomas KingPresidentChief of Police • State College Borough
William Kelly1st Vice PresidentChief of Police • Abington Township
Robert Jolley2nd Vice PresidentChief of Police • Dallas Township
Mark Hall3rd Vice PresidentChief of Police • Clarion Borough
David Spotts4th Vice PresidentChief of Police • Mechanicsburg Borough
John MackeyChairmanChief of Police • Bethel Park Borough
William RichendrferSecretaryChief of Police • South Centre Township
Michael KleinTreasurerChief of Police • Harrison Township
BOARD MEMBERSRichard Hammon – 2014Superintendent of Police • Silver Spring Township
Mike Flanagan – 2014Chief of Police • Laf lin Borough
David Mettin – 2014Chief of Police • Pennridge Regional
Thomas Gross – 2014Chief of Police • York Area Regional
Michael Flanagan – 2014Chief of Police • Laf lin Borough
William Grover – 2015Chief of Police • Etna Borough
Scott Bohn – 2015Chief of Police • West Chester Borough
James Adams – 2015Chief of Police • Upper Allen Township
Kenneth Truver – 2015Chief of Police • Castle Shannon Borough
Larry Palmer – 2016Chief of Police • Palmer Township
Joseph Daly – 2015Chief of Police • Springfield Township
Amy RosenberryExecutive Director
BUDGET & PERSONNELChair:John Mackey
Members:Thomas King • William KellyKeith Keiper • Mark HallThomas DiMaria • Michael KleinWilliam Richendrfer • Tom GrossRichard Hammon • Dave Mettin
EDUCATION & TRAININGChair:T. Robert Amann
Members:William Kelly • James BalavageWilliam Daly • Joseph EliasMichael Flanagan • Ashley HeibergerRobert Jolley • Thomas KokoskiDavid Laux • Dennis LoganDennis McDonough • Catherine McNeillyDavid Mettin • Leonard MickaviczWilliam Olszewski • James SantucciCarl Scalzo • John SnyderKevin Stoehr • George SwartzEarl Swavely, Jr. • Robert WilsonRaymond Zydonik
LEGISLATIVEChair:Jason Umberger
Members:Mark Hall • James AdamsDarryl Albright • Scott BohnRobert Cifrulak • Diane ConradRandolph Cox • Richard DankoMichael Donohue • Eric GillErik Grunzig • Bryan KellyDaniel Kortan, Jr. • Joseph LawrencePatrick O’Rourke • Dean OsborneLawrence Palmer • David SouchickLeo Sokoloski • David SpottsRobert Then • Mike Vogel
MEMBERSHIP/BYLAWSChair:Mark Pugliese
Members:Keith Keiper • Mark BentzelDouglas Burkholder • Todd CaltagaroneHarry Clay, Jr. • Joseph DalySamuel Gallen • William GroverHarold Lane • Curt MartinezJohn Petrick • Leo RudzkiGuy Salerno • Michael ScottMatthew Sentner • John SlauchTimothy Trently • Paul Yost
RETIRED CHIEFSChair:J. William Schmitt
Members:Richard Hammon • Donald Hunter, Sr.Joseph Ferrelli • Keith GuthrieStephen Ott • Wendell RichWilliam Eckert • William HowattWilliam Weaver
EXECUTIVE BOARD & COMMITTEES
PCPA STAFF
Amy Rosenberry, Executive Director • [email protected] Armstrong, Member Services • [email protected] Crist, Executive Assistant • [email protected] Braun, Grant Projects • [email protected] Miller, Offender Identification Technology • [email protected] Blackburn, Accreditation Coordinator • [email protected] Sullivan, Accreditation Assistant • [email protected] Campbell, Financial Administration • [email protected] Gibson, Physical Fitness • [email protected]
BULLETINPENNSYLVANIA CHIEFS OF POLICE ASSOCIATION
USPS 425940 • ISSN 0031-4404
FALL 2013 - VOL. 115; ISSUE 3
Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (March, June, September and December) by the Pennsylvania Chiefs of Police Association. Subscription to PCPA BULLETIN is included in PCPA annual dues. Periodicals Postage paid at Harrisburg, PA. POSTMASTER: Send address changes to PA Chiefs of Police Association BULLETIN, 3905 North Front Street, Harrisburg, PA 17110-1536.
IN THIS ISSUE
ARTICLES7 Egg Harbor Township Police Use Highly
Visibility Enforcement to Curb Crime
8 In Memoriam | Richard A. Baer
15 PCPA 100th Annual Education and
Training Conference Re-Cap
21 Increasing Compliance and Reducing
Risk: Innovating Law Enforcement
Accreditation
ARTICLES23 FEATURE ARTICLE by CODY
SYSTEMS Executive Q & A: Chief
Frank Wiliamson of Lower Allen
Township Police Department
25 Blair Agency Warns of New Drug
26 PCPA Commemorative Badge
28 Tech Mandates
30 Technology Update
COLUMNS & DEPARTMENTSIFC Executive Board & Committees
4 President’s Message
5 Executive Director’s Message
6 Upcoming Training/Events
7 Memberships
10 The Chiefs Legal Update
20 Legislative Report
28 67
The content of the PCPA BULLETIN is to be a practical reference featuring PCPA information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative and goals, news items, PCPA upcoming events and legal issues. PCPA Reviews, reports and articles are submitted by members, experts and other interested law enforcement personnel. PCPA Articles or ideas for content should be submitted to PCPA Headquarters c/o Amy Rosenberry, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to [email protected].
4 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
DEAR PCPA MEMBERS,It is been almost three months since
we celebrated our 100th Education and
Training Conference in Camp Hill. I
hope all who were able to attend had
an enjoyable time at the conference and
that all of our members had a wonderful
summer. Our 100th conference was
quite successful in so many ways with
the myriad of vendors, outstanding
training sessions, two important business
sessions, and multiple networking
opportunities. I would be remiss if I did
not give a “shout out” to the staff for the
fabulous job they did preparing for the
entire conference and emphasizing our
theme “Through the Decades.” They
spent countless hours locating 100 years
of PCPA history from the archives (i.e.;
basement and garage) in the form of
photographs, by-laws, meeting minutes,
and more. Kelley and I and my entire
family were in awe and humbled at the
effort put into preparing for Tuesday
night’s President’s reception. It was
awesome!
As we move into the Fall and build
off of our rich history and past
accomplishments, the Association
will be addressing many important
law enforcement matters. We will
continue to emphasize both our state-
wide accreditation program and our PA
Virtual Training Network (PAVTN).
We currently have 93 accredited
agencies in the Commonwealth as well
as approximately 250 other agencies in
the process of pursuing accreditation.
Additionally, we have over 10,000
PA police officers who are enrolled in
the Associations PAVTN. Those are
incredible enrollment numbers in less
than two years of the PAVTN’s existence.
Pennsylvania Chiefs of Police Association
Committees are essential in furthering
PRESIDENT’S MESSAGE
the goals of our Association. This year
two new ad hoc committees have been
established. I am very grateful for
the many volunteers who offered to
serve on these and the other standing
committees. There is an incredible
array of knowledge, experience, and
professionalism serving on the PCPA
committees. I am excited to see what all
will be accomplished over the next year
through the committees, including the
Police Executive Certification Program
and the New Chief Orientation Program
ad hoc committees.
Almost two years ago, the Executive
Board conducted a strategic planning
summit to set new goals and direction for
our Association for 2012 through 2016.
Though some progress has been made on
that plan, there is more to accomplish.
For example, in the near future the
Executive Board must deliberate the pros
and cons of converting the Association
from a 501c6 to a 501c3 corporation.
As we travel through our 100th year
of existence this year, we celebrate the
outstanding accomplishments of the
great leaders and staff of the past and
recognize the bar is set high. With the
extraordinary abilities and dedication
of our PCPA members and Executive
Board we are well prepared to build on
the past successes.
I encourage everyone to get involved
with our Association and look forward
to working with all of you this year.
Sincerely,
Tom King
President, PCPA
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 5www.pachiefs.org
We hope that you all enjoyed the
summer months and are geared up and
ready to join us for a success filled year
of progress, innovation and maybe even
a little reminiscing to remember how
far we have come! Our 100th Annual
Conference was a huge success – filled
with memories and fond recollections
of enjoyable and productive gatherings
of the past. The Association now enters
the journey to the 100th anniversary of
its formation and continued celebration
is sure to come.
First and foremost, we now have almost
11,000 officers enrolled in the PAVTN
finishing their mandatory In-Service at
no cost to their departments. This great
innovation has been wildly successful
and has also boosted the Association’s
membership by getting PCPA’s name
front and center for law enforcement
training needs. As we continue adding
new courses to the Virtual Training
Network, in addition to all four
MPOETC courses again for 2014, we
urge you to continue enrolling your
officers. With its ease of use and cost-
cutting technology, you have nothing
to lose and much to gain!
A few years ago PCPA was at crossroads
exploring the big question of whether
we were still needed - what do we do
for our members - why do we exist?
After conducting several surveys of the
membership, we’ve taken your ideas
and needs to heart and have revamped
many of our existing programs as
well as made plans to add several new
ones. This is evident with the addition
of several new committees such as a
DEAR MEMBERS,New Chiefs Orientation Committee
and Executive Certification Program
Committee. What better way to provide
our new and potential members with
the networking and guidance they need
from their peers?
We are also enjoying a rejuvenation of
both our mission and our membership.
The PAVTN, PA Law Enforcement
Accreditation, our Testing and
Consulting programs, PCPA website
Members Only section, and much
more are all excellent examples of the
answers to your questions. PCPA’s
growth depends on the participation of
the membership and in turn provides
opportunities for the well-rounded
exchange of information, expertise and
experiences. We always welcome your
input and assistance in letting Board
and Staff know the issues and situations
affecting them and what would be most
valuable to each and every member
of this Association. We continue to
seek answers and provide resources to
support you in the valuable work that
you do. PCPA is an excellent vehicle
for providing connections among
committed and experienced members
of the Pennsylvania law enforcement
community.
Warmest regards to each and every one
of you,
All my best,
Amy K. Rosenberry
Executive Director
EXECUTIVE DIRECTOR’S MESSAGE
6 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
UPCOMINGTRAINING/EVENTS
ALCOHOL, CAMPUSES, AND COMMUNITIES:
PARTNERING FOR SOLUTIONSOCTOBER 7, 2013STATE COLLEGE, PA
EGG HARBOR TOWNSHIP - Patrolman
Robert Moran turned on his overhead
lights on his patrol car at about 3:25
p.m. Wednesday. A dark blue Honda Civic
pulled onto the shoulder of Old Egg Harbor
Road. One of its brake lights was out. Moran
eventually cited the driver for failing to maintain
his lamps, a $44 ticket.
The car and its three passengers sat still on the
hot August day while township police checked
the driver’s identification, the car’s license plates
and Moran filled out the paperwork. Several
dozen cars drove by slowly during those 15
minutes, and nearly every driver and passenger
inside craned his or her neck to see what was
happening. That was precisely the point. Egg
Harbor Township recently started targeting an
eastern section of the township for heightened
scrutiny with the help of the Data-Driven
Approach to Crime and Traffic Safety model.
The goal, explained police Chief Michael J.
Morris, is that high-visibility stops like this will
lead to both less crime and safer driving.
The philosophy is the basic approach behind
DDACTS. The model uses selected crime
and traffic crash data to help decide when and
where officers are most needed. The idea,
according to the National Highway Traffic
Safety Administration, is that crime often
involves motor vehicles. Highly visible traffic
enforcement serves as a deterrent to crime, while
it encourages motorists to drive safer.
Egg Harbor Township initially used this
approach in late 2011, about 10 months after
Morris was named chief. Morris said there had
been a number of burglaries in the township’s
more rural southern third. Robbers would
kick in a door and make off with the valuables.
Through these complaints and reports, police
could broadly narrow down when and where
these were happening. Police deployed en
masse, swarming the area, making arrests and
issuing traffic citations. No one was arrested for
the burglaries, but Morris said it was significant
that the wave of burglaries stopped.
Were the robbers scared off by the heavy police
presence? Perhaps. Added Morris, “We may
have made an arrest of someone in the crew
and didn’t know it.” Since then the township
has reviewed its data and changed its targets.
The main focus most days is a broad and busy
triangle in the eastern corner of the township,
generally running from Tilton Road to Fire
Road, along Fire Road to the Black Horse Pike,
and from there to Uibel Avenue. State traffic
records show as many as 29,000 vehicles pass
through these and nearby roads.
The policing focus can shift, Morris said,
depending on the season and the data. The
department has focused on the area immediately
around the airport traffic circle, and during the
holiday season beefs up patrols near the Shore
Mall and English Creek Shopping district.
EGG HARBOR TOWNSHIP POLICE USE HIGHLY VISIBLE
ENFORCEMENT TO CURB CRIME
ARSON CASE MANAGEMENT TRAINING
OCTOBER 15-17, 2013HUMMELSTOWN, PA
HOMICIDE AND QUESTIONED DEATH SCENE
NOVEMBER 13-15, 2013HARRISBURG, PA
INTERNET TOOLS FOR INVESTIGATORS
NOVEMBER 25-26, 2013ABINGTON, PA
8TH ANNUAL COPS FOR KOPS CHARITY HOCKEY GAME
DECEMBER 14, 2013 • HERSHEY, PACONTINUED ON PAGE 7
BY DEREK HARPER, THE PRESS OF ATLANTIC CITY MEDIA GROUP, STAFF WRITER
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 7www.pachiefs.org
MEMBERSHIPSACTIVE MEMBERS
Lieutenant Daniel FrielWarrington Township
Special Agent In Charge Essam RabadiBureau of Alcohol, Tobacco and Firearms
Captain Gregory SeamonMoon Township
Chief of Police Mark LondonFranklin City
DISCOUNT FOR NEW MEMBERS
Know a neighboring Chief who could benefit from membership to PCPA? Right now, we’re waiving the $50 application fee AND carrying new applicants’ dues over to 2014. Pass along the application located in the back of this magazine and give a fellow Chief the vast network he/she needs to succeed on the job!
LOOKING FOR A WAY TO MARKET YOUR LAW ENFORCEMENT’S COMMITMENT TO SAFER DRIVING? The National Highway Traffic Safety Administration provides links to reports, campaign calendars and FREE marketing materials for you to download and use in your publications and on the web. Visit www.trafficsafetymarketing.gov for free materials like the ad above and get your message across in a professional manner without the cost of a design team.
One hope is that the heightened focus can
reduce traffic accidents. Egg Harbor Township
averages about 2,000 crashes a year, Morris said,
and about 350 people are injured. So far the
approach seems to be working. Despite having
fewer officers than years past, department
statistics show that township crashes in the
targeted area fell 37 percent between 2011 and
2012, the first full year of using DDACTS.
Injuries from crashes were reduced about 24
percent.
While reports of simple assault remained
essentially unchanged, theft fell 14 percent
and fraud fell 30 percent. The three are the
township’s most common categories of serious
crime. Egg Harbor Township is also one of
several municipalities, including Vineland;
Toms River, Ocean County; and Mt. Laurel,
Burlington County; to win DDACTS grants
from the state Office of Highway Safety. Egg
Harbor Township used its $15,000 grant to
hire a crime data analyst. That person, Danielle
Stanford, is a recent Temple University criminal
justice graduate. She started this month after
interning with Philadelphia police, learning and
helping the department track gun crime. The
goal, Morris said, is that Stanford can help the
township read the data and react even quicker to
emerging threats.
“We can have an impact,” Morris said. “That’s
probably the reason most of us got involved in
police work.”
Contact Derek Harper:
609-272-7046
Follow Derek Harper on Twitter @dnharper
Egg Harbor Township police use highly visible
enforcement to curb crime ... http://www.
pressofatlanticcity.com/news/press/atlantic/egg-
harbor-towns
The Press of Atlantic City Media Group
PO Box 3100
1000 West Washington Ave.
Pleasantville, NJ 08232-3100
1-877-773-7724
609-272-7000
(DDACTS) Implementation Workshop is
made available by the U.S. Department of
Transportation, National Highway Traffic
Safety Administration, in the interest
of information exchange. The opinions,
findings and conclusions expressed during
the workshop are those of the presenter(s)
and not necessarily those of the Department
of Transportation or the National Highway
Traffic Safety Administration. The United
States Government assumes no liability for
workshop content or use thereof. If trade
or manufacturers’ names or products are
mentioned, it is because they are considered
essential to the object of the workshop
delivery and should not be construed as an
endorsement. The United States Government
does not endorse products or manufacturers.
EGG HARBOR TOWNSHIP POLICE USE HIGHLY VISIBLE ENFORCEMENT TO CURB CRIME
CONTINUED FROM PAGE 6
8 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
In MemoriamRICHARD R. BAER
Richard R. Baer organized the Pine Township Police Department about twenty-five years ago, which was eventually combined into the first recognized police department jointure in our state in 1969.
Prior to being a police officer, Chief Baer served in Air Force Intelligence in the Pacific Theatre. Rich graduated from North Caroline High School and attended Slippery Rock State University. He was a 1963 graduate of the Pennsylvania Police Academy at Hershey. In 1969 he graduated from the FBI National Academy at Quantico. Continuous course work was pursued by the Chief throughout the years amounting to over thirty related subjects.
By means of a carefully developed selective process, the members of the police department had proven to be a professional, cohesive group of officers working together as a team to serve the communities of Pine Township, Marshall Township and Bradford Woods Borough. The department over the years had benefited greatly by means of approximately a quarter of a million dollars in state and federal grants for crime prevention, highway safety and juvenile programs.
Highlights of the Chief ’s career included serving as president of the Western Pennsylvania Chiefs, Allegheny County Chiefs, North Hills Police Association, Western Chapter FBI National Academy Associates and as president of the FBI National Academy Associates state chapter. He was instrumental in developing the Allegheny County Police Training Academy at North Park and also a county-wide communication network.
Two hobbies Rich had actively pursued over the years were hunting and boxing. He was a licensed boxing referee. Rich is survived by his wife June, their five children and grandchildren.
FORMER CHIEF OF POLICE - PINE-MARSHALL-BRADFORD WOODS
JOINT POLICE FORCE
FORMER PRESIDENT, PCPA
— Reprinted from the Fall 1984 Bulletin Magazine —
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 9www.pachiefs.org
IS YOUR INFORMATIONUP-TO-DATE?PLEASE TAKE A MOMENT TO VISIT THE PCPA WEBSITE AT WWW.PACHIEFS.ORG AND LOG IN AT THE TOP RIGHT CORNER USING YOUR EMAIL AND PASSWORD.
Logging in will allow you to gain access to members-only pages and information as well as the full membership directory. Here you can make changes to your contact information and department information.
Increasingly, the PA Chiefs of Police Association uses electronic methods, such as a bi-weekly eNewsletter, to keep our membership up-to-date and informed. Please make sure your email address is current and correct so that you don’t miss out on pertinent information between magazines.
Your accurate information will allow us to better serve you!
Thank you!
10 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
SELLERS V ABINGTON TOWNSHIP, 2013 PA. COMMW. LEXIS 180 (JUNE 5, 2013) Celeste Sellers and Richard K. Sellers, individually and as administrators of the estate of Joshua David Sellers, decedent (Appellants), appeal from the order of the Court of Common Pleas of Montgomery County, which granted the Motion for Summary Judgment of Abington Township, Officer Edward Howley, and Lieutenant Karl Knott (collectively Appellees) and dismissed Appellants’ action with prejudice. For the reasons that follow, we affirm.
The following is a summary of the
evidence of record. On the evening of December 23, 2006, Scott Simons (Simons), Matthew Senger (Senger), and Joshua Sellers (decedent), met at the house of a mutual friend in the area of Jenkintown Road, Abington Township... Simons testified that they were getting together one last time before their friends who lived at the house were evicted as a result of an incident at the residence in November 2006.1 Simons admitted that he had been drinking all day, first at his aunt’s home and then at his father’s apartment, but that he did not drink at the Jenkintown Road residence because they had no beer or alcohol.2 Senger, however, testified that he drank beer
while at the Jenkintown Road residence and that both Simons and decedent also drank beer while there. ... FOOTNOTES1 According to Simons, on one evening in or around early November 2006, Abington Police came to the house following up on reports of either the presence of a 16-year-old female drinking alcohol at the house or reports of 15 people fighting out front with weapons. After an unknown police officer attempted to gain access to the residence but was denied, Simons, who was present inside, said an officer called him on his cell phone for permission to enter the residence. Simons refused to grant permission for the police to enter telling them he was only a guest. The police then rammed down the front door, ran in and kicked open all the doors. Simons stated that one individual was restrained by the police and that he heard that another individual, Ed O’Neil, was kicked in the face by one of the officers. Finally, Simons stated that he was told that the next day, someone from the Abington Police Department went to the residence and negotiated an agreement with the individuals who resided there and that they signed a waiver of liability in exchange for the police department’s promise to pay for the cost and repair of any damage to the house. No convictions resulted from this incident. Officer Howley was not present at the Jenkintown residence that night. ..
2 Simons estimated that he drank roughly six beers and had six shots of either Jack Daniels or Jim Beam whiskey between 12 and 1 p.m., when he arrived at his aunt’s home, and 6 p.m. that night. ... He also admitted having one beer at his dad’s apartment, and that he had taken prescription pain medication while at his aunt’s home. ….
THE CHIEF’S LEGAL UPDATEProvided by Chris Boyle, Esq. and reprinted with permission from
Marshall, Dennehey, Warner, Coleman & Goggin
[T]he consequences of imposing a duty upon officers would be quite burdensome; should [the officer] know how to distinguish between people in the fleeing vehicle to whom he owed a duty and those to whom he did not? Such a requirement would be unworkable in the field of law enforcement. An officer could not make a distinction during the chase whether the occupants are willingly in ...
LEGAL UPDATES FOR LAW ENFORCEMENT
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 11www.pachiefs.org
CONTINUED ON PAGE 12
LEGAL UPDATES FOR LAW ENFORCEMENT
At some point in the early morning hours of December 24, 2006, both Senger and decedent asked Simons for a ride home. Simons agreed to drive Senger home because Senger lived only a few doors away from his apartment, and it was agreed that decedent would sleep at Simons’ apartment, since decedent lived too far away. ... Simons testified this was not the first time he had gotten behind the wheel of his car and drove drunk with his friends following a night out drinking…. Senger was in the front passenger seat and decedent climbed into the back rear passenger seat. Simons stated that he did not fasten his seatbelt and that neither Senger nor decedent fastened their seatbelts either... FOOTNOTES3 Simons admitted that, “[h]onestly, I drove drunk a lot more than that night so, you know - - I drove home from bars. I drive home [drunk] from all over the place.” Id.
Simons testified that he was driving west on Jenkintown Road at between 40 and 45 mph in a 30 mph zone when he saw a police car approach going east and pass him. Simons saw the police vehicle’s lights activate and in his rearview mirror he saw the vehicle make a U-turn in a parking lot and proceed to follow him westbound on Jenkintown Avenue... Simons admitted that at that point, instead of pulling over, he floored it, because he was “[s]cared of getting a DUI.” .. Senger testified that when Simons floored it, he was shoved back into his seat, and at the time, he did not know why Simons floored it, because he (Senger) did not see any police vehicle. Senger estimated Simons’ speed at “[w]ell over a hundred” as they “flew down Jenkintown Road” before turning right onto Garfield and up to his house. ... Senger explained that as he was saying good bye and trying to get out, Simons
said something that made him look behind him, where he saw the reflection of police lights on the houses. Senger stated that Simons “floored it again” and he remembered “flying down the street, and . . . [Simons] shutting his lights off . . . .” ... Senger testified he asked Simons to slow down and that he smacked or backhanded Simons to get his attention, and that decedent asked Simons to pull over, but Simons did not respond to either of them. ... FOOTNOTES 4 The car Simons was driving was a red 1990 Mustang GT previously owned by Ed O’Neil. Simons had put a lot of work into the car, including modifications that allowed the car to reach a high rate of speed very quickly. Simons’ friend and brother of Ed O’Neil, Dan O’Neil Jr., owned a similar car, a red 1985 Mustang GT. O’Neil Jr. was known for his speeding and reckless driving by his neighbors and some members of the Abington Police Department, according to Officer Howley, who himself once pulled over O’Neil Jr. for speeding and careless driving. Simons’ red Mustang was parked outside of the Jenkintown residence the night the police responded to the disturbance calls, but Officer Howley was not one of the responding officers. ... In addition, Simons testified that he had no prior encounters with Officer Howley, which Officer Howley confirmed. ... As Simons continued fleeing on Garfield Avenue, he approached the T-intersection of Garfield and Meyer Avenue, where the road dips slightly. Simons testified that as he accelerated the mustang, he hit the “big dip [in the road] and the car, she got airborne, and I remember the car coming down and hitting . . . .” … The vehicle ultimately crashed into trees and a parked pickup truck on the property located at 2943 Meyer Avenue. Simons and Senger
were injured in the crash, while decedent was ejected from the car upon impact and thrown twenty feet. All three men were transported to Abington Hospital, where decedent subsequently died from his injuries. ...Officer Howley testified by deposition6 that on the night in question, he was on routine patrol in his police vehicle traveling westbound on Jenkintown Avenue, when he heard the exhaust mode “wide open and loud,” and saw the taillights of a vehicle far in the distance proceeding in the same westbound direction. ... Officer Howley “attempt[ed] to gain ground safely on that vehicle to initiate a traffic stop” and that when he himself accelerated beyond the posted speed limit of thirty-five mph, he activated the lights and sirens on his police vehicle. ... As soon as he activated his light-bar, the in-car camera system automatically began to record… As Officer Howley proceeded to follow the vehicle, he reported on his radio that the vehicle had turned north on Penn Avenue, then later corrected that transmission to north on Garfield Avenue. Officer Howley testified that he was unable to identify the color or make of the vehicle until it turned right off of Jenkintown Road, and at that point, he was “relatively certain that it was a red Mustang.” ... Officer Howley then transmitted the information that the vehicle was traveling at a high rate of speed and he believed the driver was driving under the influence. … Officer Howley, who was then traveling north on Garfield, reported that he believed the speeding vehicle had “blacked out,” or turned off his lights and he had lost the vehicle... Officer Howley testified that after the vehicle eluded him at Jenkintown and Garfield, he continued to proceed in the same direction and because he knew from patrolling the area that a red Mustang was frequently at a
12 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
LEGAL UPDATES FOR LAW ENFORCEMENT
house on Jefferson Avenue, he headed to that location….. When Officer Howley arrived on Jefferson Avenue, he testified he did not see the vehicle he had been pursuing and that at that point, he turned his sirens off... Officer Howley then reported that he was going to go back towards Meyer Avenue and proceeded to turn around. Officer Howley testified that at this point, he heard a report from police dispatch that a car had hit a house on Meyer Avenue and that he immediately went to the scene. ... Officer Howley then pointed his vehicle’s spotlight onto the crashed vehicle and requested expedited EMS to the scene… Appellants filed a wrongful death and survival action against Appellees, asserting claims for negligence as well as punitive damages against Abington Township, Officer Howley, and Lieutenant Knott. Appellants alleged that Appellees negligently, recklessly, and willfully initiated and failed to terminate a high speed pursuit of the vehicle being operated by Simons, causing the death of decedent Sellers who was an innocent bystander. After discovery was completed, Appellees filed a motion for summary judgment which was granted by the trial court following oral argument. This appeal followed…. First, Appellants argue that like the plaintiffs in Jones v. Chieffo, 549 Pa. 46, 700 A.2d 417 (1997), and Aiken v. Borough of Blawnox, 747 A.2d 1282 (Pa. Cmwlth. 2000), decedent Sellers was an innocent bystander to whom Officer Howley and Lieutenant Knott owed a duty of care. Appellants insist that there was no evidence that decedent was fleeing apprehension or attempting to aid the fleeing driver (Simons), and therefore the trial court erred in relying on Lindstrom v. City of Corry, 563 Pa. 579, 763 A.2d 394 (2000) and Ferguson v. Commonwealth, 2009 WL 723426 (W.D. Pa. No. Civil Action 05-280E,
filed March 13, 2009), in which it was determined that neither the fleeing driver (Lindstrom) nor a passenger in the fleeing vehicle (Ferguson) was owed a duty of care by law enforcement officers who pursued them. Appellants strenuously assert that unlike in those cases, there was evidence that decedent urged Simons to pull over prior to the fatal crash and that, therefore, the trial court erred in determining that decedent was akin to the fleeing suspect to whom no duty was owed. Appellants further assert that Officer Howley negligently initiated his pursuit of Simons’ vehicle for the purpose of harassing a driver whom he believed to be Dan O’Neil Jr., under the pretext that he had committed a relatively minor traffic offense — speeding, and that Lieutenant Knott negligently failed to terminate the pursuit once it became obvious that it was “fruitless” and that “Howley would not be capable of catching the vehicle.” …. Appellants argue that it was the actions of Officer Howley in initiating the pursuit and continuing it, without evidence that Simons was driving while intoxicated or doing anything other than speeding, which caused Simons to flee and crash. Appellees counter that Officer Howley owed no duty of care to decedent Sellers, “a willing but unknown occupant of a speeding and fleeing motor vehicle,” and that both Officer Howley’s and Lieutenant Knott’s actions were reasonable under the circumstances. ... Appellees also argue that the emergency vehicle doctrine in Section 3105 of the Vehicle Code, as amended, 75 Pa. C.S. § 3105, does not create a statutory duty of care on the part of the pursuing police toward those who flee apprehension, citing Frazier v. Pennsylvania State Police, 845 A.2d 253 (Pa. Cmwlth. 2004). Appellees argue that it is the clear intent of the legislature to insulate the police from liability where a person is injured while “in flight or fleeing apprehension
or resisting arrest by a police officer or knowingly aided a group, one or more of whose members were in flight of fleeing apprehension or resisting arrest by a police officer.” Section 8542(b)(1) of the Judicial Code, 42 Pa. C.S. § 8542(b)(1). Finally, Appellees contend that many of the facts which Appellants insist are genuine issues of material fact, such as their theory that Officer Howley and Lieutenant Knott pursued Simons under the guise of a vendetta against the O’Neil family, are purely speculative and conjecture only. Because Appellants were unable to establish, as a threshold matter, that Officer Howley owed a duty of care to decedent Sellers, Appellees cannot be held liable for the accident caused by the intoxicated Simons’ high speed driving. …We must initially determine whether Appellants have met the threshold requirement of establishing that Officer Howley and Lieutenant Knott owed a duty of care to Appellants’ decedent, Sellers. …Thus, there is no question that officers in this situation owe no duty of care to the wrongdoers they pursue, Lindstrom…, but owe a duty of care only to innocent third parties, Jones v. Chieffo, … To date, however, the innocent third parties to whom a duty of care is owed were found to have been bystanders unconnected with the wrongdoer or the vehicle being pursued. Jones; Aiken. We believe that to extend this duty to unknown passengers (such as decedent) in the fleeing vehicle would be contrary to the analysis of factors set out by our Supreme Court in Lindstrom. While we have not addressed this issue directly, other recent cases, as well as the analysis in Lindstrom, support this conclusion…. [T]he consequences of imposing a duty upon officers would be quite burdensome; should [the officer] know how to distinguish between people in the fleeing vehicle to whom he owed a duty and those to whom he did not? Such a
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LEGAL UPDATES FOR LAW ENFORCEMENT
requirement would be unworkable in the field of law enforcement. An officer could not make a distinction during the chase whether the occupants are willingly in the fleeing vehicle or whether they knew about whatever evidence of criminality is in the vehicle. …The court concluded that the trooper owed no duty of care either to the fleeing driver or the passenger. We find this analysis persuasive. As in Lindstrom, the public’s “interest in ensuring that roadways remain safe from dangerous drivers and criminals and that police officers are empowered to enforce the law,” is preeminent, and that interest is equally chilled by imposing a duty to passengers as to drivers. Accordingly, we hold that there is no duty of care to passengers whose existence, or whose connection to the driver and the conduct for which he is being pursued, is unknown to the officer. Because there was no duty of care, summary judgment was appropriate as a matter of law….We therefore affirm. Comment: Just one case today, but it’s a doozy. In the interest of full disclosure, I had the honor of representing Ed Howley, Karl Knott and Abington Township in the Court of Common Pleas in this matter. Even if I hadn’t, this one still was going to be in Legal Updates, for the sheer magnitude of the Commonwealth Court’s decision, the biggest regarding pursuits, since Jones v Chieffo. For the first time, the Court has ruled that there is no legal duty to passengers in a fleeing vehicle, if the officer has no knowledge of their relationship to the driver. This is Ginormous, Hugetastic and Wonderfulific. Prior to Sellers, passengers could bring suit against officers, and it would be up to the police defendants to prove they were all in the attempted escape, together. This changes everything. Officers still have a duty to innocent third parties in other cars and walking along the highway, as well as to, let’s say, kidnap
victims in the fleeing car (when they know it’s a kidnap victim in the fleeing car), but properly removes the burden from police officers to determine who is who in a fleeing car during a pursuit. It was the right thing for the court to do, and a big win for law enforcement in Pennsylvania. Special ‘shout out’ to Chuck Craven from our appellate department (this was his last case before retirement) and to Officer Howley and Lt Knott for keeping the faith through some very long and contentious litigation.
STUMP THE CHUMP
Chump: I have questions regarding body worn cameras. I have received conflicting information regarding their use in PA. I have looked at purchasing body worn cameras. Body cams are self-contained units with everything worn on the officer’s body. Two police departments in PA are supposedly currently using the body cams but I have been informed by
my County District Attorney that he does not believe they are legal in Pa because in Title 18 section 5704 (16, ii) it allows video and audio if: A- there is visual and audible warning/
or clearly ID’d police B- close proximity to the subject C- approved device which is “mounted
in the … officer’s vehicle” D- you inform the subject
The body cam and a policy on its use gives you three of the four. But since it is not mounted in the vehicle it is not legal. Do you know of anything or any case law that may allow the use of body cams?
– Video Vick
Vick: You did your research son! Good stuff. Technology is grand, to be sure, but it does sometimes run afoul of the law. Alas, I fear, that may be the case at hand.
I will start out by saying the following: a department which wishes to purchase the body cams to record only video, would stand on firm legal ground. The Pennsylvania State Police are responsible for providing standards for electronic, mechanical and other mobile video recording systems. The particulars of those requirements, and a list of approved products can be found at 34 Pa Bulletin 1304. State Police provisions allow for video recording systems other than those it has specifically approved, so long as they meet equipment standards found in that particular notice. Further, the bulletin provides “…mobile video recording systems that are not activated to record oral communications or do not
have an oral recording capability need not meet the equipment standards in this notice.” In other words, if you purchased the body cams, and kept the audio recording portion off, unless you meet one of the exceptions to the Wiretap Act, the department would be okay.
The main concern I have with the body cams, specifically the audio recording portion, are the provisions of Pennsylvania’s Wiretap Act, 18 Pa. C.S. §§ 5704 and 5706. As I mentioned, § 5706 provides that the Pennsylvania State Police shall annually publish equipment
CONTINUED ON PAGE 14
§ 5706 provides that the Pennsylvania State Police shall annually publish equipment standards for any electronic, mechanical or other device which is to be used by law enforcement officers for purposes of interception as authorized under § 5704 (16). Section 5704 (16) provides that a law enforcement officer may intercept and record oral communications so long as the communication does not occur inside the residence of any individual, or the officer is utilizing an in-car camera recording system and notifies the individual that he has intercepted and recorded oral communications as soon as practical.
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standards for any electronic, mechanical or other device which is to be used by law enforcement officers for purposes of interception as authorized under § 5704 (16). Section 5704 (16) provides that a law enforcement officer may intercept and record oral communications so long as the communication does not occur inside the residence of any individual, or the officer is utilizing an in-car camera recording system and notifies the individual that he has intercepted and recorded oral communications as soon as practical. The product you refer to is not a vehicle mounted device, and therefore would not fit the definition of § 16, a position that the company has tacitly agreed with, by recommending that departments merely “turn off the audio recording option”. While § 5704 does allow an officer to
record communications where there is mutual consent, those circumstances would be necessarily limited. In short, if the department is looking for a video recording system that is “officer mounted”, and does not find the cost prohibitive, the body cam you are considering may be for them. Until such time as the legislature passes a provision that would allow for a product such as this one, it does not currently appear to pass legal muster with the audio activated, and the department purchasing it would only be capable of using half of its capabilities.
Further, given the potential for abuse, or accidental recording, which could well subject a department to exposure, if a department seriously considered purchasing the product at this time, it would be recommended working
LEGAL UPDATES FOR LAW ENFORCEMENT
out an agreement with the Company whereby the audio recording portion was disabled, until such time as it was legally permissible under the Wiretap Act. Were I negotiating such a contract on behalf of a department, of course, I would insist that the Company agreed to reactivate the audio portion when the law changes, at no additional cost to the purchasing department. One Chump’s Humble Opinion.
– The Chump
STUMP THE CHUMP
Chump: I have a question for you in regards to 5104.1, Disarming a Police Officer. I know this is not a new question and from what I could research, there isn’t too much case law out there with the statute being relatively new. My question
is, does a Taser count as a “weapon” in the interpretation of that statute? It lists firearms specifically but with the catch all “other weapons”. I am inclined to say no, since they are not capable of lethal force. Just wondering. I hope you had a great Fourth of July buddy.
– Dangerous Dan the ManDan: Yes sir, a very nice 4th : a house full of friends, beer (gone are the days of cans of whatever’s cheapest. Now, it’s “Summer Shandy” and Sam Adams. Getting old ain’t all bad) burgers and dogs, iPods and high explosives. Just like the Founding Fathers.
Here’s the statute:§ 5104.1. Disarming law enforcement officer.
(a) Offense defined. --A person commits the offense of disarming a law enforcement officer if he: (1) without lawful authorization, removes or attempts to remove a firearm, rifle, shotgun or weapon from the person of a law enforcement officer or corrections officer, or deprives a law enforcement officer or corrections officer of the use of a firearm, rifle, shotgun or weapon, when the officer is acting within the scope of the officer’s duties; and (2) has reasonable cause to know or knows that the individual is a law enforcement officer or corrections officer. (b) Grading. --A violation of this section constitutes a felony of the third degree. Based on my read, I would definitely say that taser is a “weapon”, and here’s why- when interpreting a statute, you must always give meaning to every word, and assume that the legislature did not intend a redundancy. In other words, if they wanted “weapon” to refer to only your firearm, they would not have also included the word “firearm” in the statute, so it is safe to say they intended “weapon” to cover your taser ( and baton and OC, by extension.)
And you are right, there isn’t a whole lot of case law (only one reported case thus far, and the Disarming charge was nolle prossed). Normally, I would next look to the Legislative History, but I am afraid there is none at the present. That said, if I was a betting man, I would put my money on the Chump’s analysis immediately above.
– The Chump
I would definitely say that taser is a “weapon”, and here’s why-
when interpreting a statute, you must always give meaning to
every word, and assume that the legislature did not intend a
redundancy. In other words, if they wanted “weapon” to refer
to only your firearm, they would not have also included the
word “firearm” in the statute, so it is safe to say they intended
“weapon” to cover your taser ( and baton and OC, by extension.)
A Time for Reflection
PCPA 100TH ANNUAL EDUCATION AND TRAINING CONFERENCE
RE-CAP
Radisson Hotel HarrisburgCamp Hill, PA
June 23-27, 2013
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Keeping with tradition, the 100th Annual Education & Training Conference began early on a Sunday morning with registration bustling already at 11 AM. In honor of the big event, PCPA added a new feature to our Networking Room, the PCPA Conference Museum. The Museum, made up of photo displays from the past 50 or so conferences as well as ribbons, conference books and brochures from the very first conference to now, was open each day for attendees to revisit as often as they like throughout the week. The room was also stocked with refreshments each day and open as a networking room for attendees between classes.
In effort to squeeze as much pertinent training into the busy week as possible, sessions started early this year with a “Mass Murder, Active Shooter and School Shootings” seminar at noon on Sunday, ending just before the open of the exhibit hall. The highly attended session cleared at 2 PM and attendees headed straight to the Convention Center Ballroom for a 65-booth exhibit hall complete with an antique police cruiser in the center to help commemorate our 100th event and the history that carried us to this momentous occasion. The exhibit hall also featured a large networking area, refreshments, a huge PCPA products display, and all of our returning vendors we’ve
100TH ANNAUL CONFERENCE – JUNE 23-27, 2013 – CAMP HILL, PA
THIS PAST CONFERENCE MARKED THE 100TH ANNUAL GATHERING OF THE PENNSYLVANIA CHIEFS OF
POLICE ASSOCIATION. ALTHOUGH THEY DID NOT ESTABLISH A FORMAL ASSOCIATION UNTIL AFTER THE
FIRST MEETING IN SEPTEMBER 1913, THEIR ANNUAL CONVENTION WOULD BEGIN A LONG STANDING
TRADITION FOR THE ORGANIZATION TO FOLLOW UP ON ASSOCIATION BUSINESS, PROVIDE THE BEST
IN TRAINING AND EVENTS FOR ITS MEMBERS AND NETWORK WITH COLLEAGUES THROUGHOUT THE
COMMONWEALTH.
continued fostering relationships with throughout our long history of conferences.
Incoming President, Chief Thomas King, made opening remarks and laid the foundation for the week’s events and giveaways that would take place throughout the afternoon and following day, thanks to our vendors. Attendees made their way through the aisles, chatting with regulars like CODY, Dayfleet, Dataworks and Purdue Pharma, collecting raffle tickets as they went.
Once the commotion slowed down in the hall, attendees and exhibitors alike were invited to the Sunday Centennial
Conference Celebration. PCPA took over the hotel’s entire backyard patio, pool and courtyards for a carnival-like event that would be our biggest opening night festivity yet! Attendees and exhibitors were handed maps leading them through the evening’s events such as Segway obstacles, a jousting competition, massages and tarot card readings. Our own Chief “DJ Flanagan” kept the event upbeat well into the night with a mix of old and new music all of our Chiefs and attendees could enjoy. A prize auction saw Chiefs throughout the event winning everything from gift cards and event tickets to food baskets and police
equipment. And of course, no PCPA event would be complete without a taste of Pennsylvania! Food stations featured foods from every region paying homage to our members travelling in from out of town and included cheesesteaks, pierogies, kielbasa, and pulled pork sliders, among many other treats.
Regardless of the amazing times had by the pool all night, attendees were up bright and early as registration and the PCPA Conference Museum opened at 8 AM Monday morning. We started the day with an NPLEx seminar which described new methods of monitoring meth precursors as well as a seminar on “Facilitating Police Facilities” by the architectural firm, Kimmel Bogrette.
Spouses headed into the Governor’s Ballroom for a morning Zumba class to get the week started right and those that chose not to attend could hop the shuttle ride out to the Hershey Outlets and Amusement Park with families. Chiefs headed to trainings and the 2nd day of exhibit hall activities where they rushed to get their last minute raffle tickets in so the lucky winners could claim their prizes:
Brian Brown and Scott Spangler each won $250, while Steven Stinsky won the coveted $500 prize. John Reber walked away with $75 in PCPA products thanks to Stanard & Associates, and Brian Rizzo won an iPod touch. One of our Board Members, Chief
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 17www.pachiefs.org
100TH ANNAUL CONFERENCE – JUNE 23-27, 2013 – CAMP HILL, PA
Tom Gross, won the gun raffle sponsored for the third year in a row by Firing Line. Congrats to all of our lucky winners!
After a luncheon sponsored by Dataworks, attendees left the exhibit hall and prepared for the full training schedule to begin with a spirited session by Chris Boyle covering “Legal Issues” faced by law enforcement.
The PA Chiefs Technology Workgroup gave a full 2013 update regarding programs they’re working on and Pittsburgh Action Against Rape hosted an “Overview of Sexual Violence for Law Enforcement” during which spouses were also encouraged to attend.
For the first time in years, Monday evening was reserved as a “Free Night” for attendees to share with their families, regions and friends. This gave everyone the opportunity to catch up with those they haven’t seen in a while and gave PCPA Staff and Board some extra time to prepare for the following day’s events.
At the Tuesday morning Business Session, President John Mackey greeted the membership and began by introducing the day’s speakers from various partner organizations such as MPOETC, NHTSA and the incoming President of the IACP, Yost Zakhary. After each of the officers gave their respective reports, the meeting was recessed until the following morning and the membership was reminded that the evening’s President Reception was going to be an amazing event that everyone should strive to attend.
Thanks in part to a sponsorship by the Coalition Against Bigger Trucks, the training schedule was packed full the rest of the week, beginning Tuesday with a session by Retired Col. Danny McKnight regarding “Successful Leadership on the Tough
Days,” running concurrently with successful memory expert Paul Mellor’s session to improve recollection during investigations in law enforcement. This popular session was attended by Chiefs and their spouses alike, both of whom learned valuable tips for keeping memory sharp even under the most stressful circumstances.
The spouses then headed to their most popular event each year, the Ladies Luncheon. A new twist gave attending spouses a taste of the season’s newest trends during a fashion show by the stylish clothing line, Cabi. The attending members also helped themselves to a lunch buffet before breaking off into the next session, “Sovereign Citizens and Anti-Government Extremists” by Robert Finch, Detective for the Greensboro (NC) Police Department.
The spouses events weren’t done yet as they headed straight to the pool post-luncheon for a wine pairing seminar and tasting
event that would prove to make a wine connoisseur out of anyone attending. What a perfect complement to the spouses’ gift this year of a PCPA branded cutting board!
As the day’s activities drew to a close, attendees were encouraged to head
back to their rooms and prep for one of the most fun events of the week, the President’s Reception. This themed dinner would coincide with celebrating our 100th conference event by incorporating 100 years of “Music Through the Decades.” Each region proudly represented their chosen decade by donning their best flapper and gangster attire, poodle skirts and greaser jackets, hippie threads and tie-dye, or glitter and gold covered disco outfits. The event featured music through each of the four decades by friends of the Kings, Larry Moore Productions, and even showcased a photo booth and props that attendees enjoyed for hours on end.
Wednesday started with the second and final Business Meeting where Chief John Bennett, candidate for IACP 4th Vice President opened. Governor Tom Corbett then addressed the membership with his goals for law enforcement in Pennsylvania if elected to serve a second term. The Board members had photos taken with the governor before returning for an overview of how the membership has increased in just the past year thanks in part to the success of the PA Virtual Training Network. PCPA has welcomed 78 Active and Affiliate members since July of 2012 bringing our membership to 1263 total.
The Committee Chairs also presented changes to the Bylaws as voted by the membership, which includes the addition of the PCPA Foundation. Once all remaining business had been discussed, Bob Amann of
the PCPA Nominating Committee presented each region’s nominations for the 2013-2014 Officers and Board Members. With no nominations from the floor, the meeting was adjourned and everyone was invited to
CONTINUED ON PAGE 18
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100TH ANNAUL CONFERENCE – JUNE 23-27, 2013 – CAMP HILL, PA
take advantage of the packed Wednesday training schedule and of course, the evening’s Annual Installation Banquet.
The PCPA Conference Museum and Networking Room opened for its final day and training got underway down the hall with “Building and Marketing the Public Service Brand” by renowned speaker, Lt. Col. James Vance. Running simultaneously was a panel discussion on “Enhancing Law Enforcement’s Ability to Ensure Accurate Identifications and Convictions: Techniques and Scientific Developments.” The panel included representatives from John Jay College of Criminal Justice, the Montgomery County District Attorney, The Chief of Police in Norwood, MA, and Legal Director for The Pennsylvania Innocence Project.
Representatives from Penn State University conducted a free self-defense seminar for attending spouses, which would round out the ladies schedule for the week. With 8 spouses events in addition to the normal conference schedule, this would be one of the most complete event schedules the spouses have had in recent years. Much thanks goes out to the Spouses Committee for their hard work in planning all of the week’s events!
After the Wednesday lunch buffet, Lt. Col. Vance continued his second half of “Building and Marketing the Public Service Brand” as attendees were also encouraged to attend “The Nuts and Bolts Guide to Police Department Labor and Employment Law,” which covered a series of issues Chiefs face regularly when hiring and scheduling their officers.
The Accreditation meeting lasted much of the afternoon, preparing for the evening’s Annual Installation Banquet, a tradition which not only welcomes incoming officers and President, but also recognizes the many departments achieving Accredited and Reaccredited status in Pennsylvania.
CODY Systems, PCPA’s 4-Shield Partner, sponsored a beautiful cocktail reception before the Annual Banquet, featuring a large PCPA branded ice sculpture commemorating 100 years of conference gatherings. As guests took to their seats, Greg Mauroni sang the National Anthem as Chaplain, Skip Hocker began the deceased member service paying homage to those who have lost their lives in the line of duty as well as those PCPA members we lost in the past year. A beautiful rendition of “Amazing Grace,” featuring both a pianist and violinist, brought the service to an end as the Honor Guard processed out of the banquet room.
As the official program began, our MC thanked our special guests for attending, including The Honorable Kathleen Kane, Col. Frank Noonan, several representatives throughout the Commonwealth as well as Directors from neighboring organizations such as PCCD, JNET, the Local Technology Workgroup and Governor’s Center for Local Government Services.
Accreditation Coordinator, Joe Blackburn, then introduced the 9 agencies receiving Accredited status along with the 26 agencies achieving re-Accredited status.
These agencies have worked tirelessly to ensure that their policies live up to the high standards of Pennsylvania’s Accreditation Program and we were glad to recognize so many agencies this year. Following the Accredited agency program, Representative Glen Grell made a special presentation to the outgoing President, John Mackey. Chief Mackey remained at the podium to present the coveted President’s Award to the person who has aided him most throughout his career in law enforcement, his wife, Mariann.
President Mackey then graciously thanked the membership, the Executive Board and his department for their support throughout
his year-long presidency with the PA Chiefs, and he handed the microphone back to Magisterial District Judge Tom Jordan to administer the Oath of Office to the incoming officers and President of the Pennsylvania Chiefs of Police Association Executive Board.
Upon receiving his presidential gavel, badge and ring, Chief Thomas King of State College Borough was inducted as the 91st President of the Pennsylvania Chiefs of Police Association. After thanking his family, his constituents in State College, and his fellow Board members, he vowed to continue the great programs PA Chiefs has already instituted as well as add many more services and programs to the membership so the PCPA remains a valuable asset to Pennsylvania’s law enforcement supervisors.
The banquet concluded with music from our own, Chief Flanagan, and many stayed in the room to say their farewells and prepare to head home after an enjoyable and invaluable week of training, networking and of course, catching up with old friends.
Thank you so much to all who attended this year’s 100th Annual Education & Training Conference. We very much look forward to planning the 101st conference which will be held in the midst of the Association’s 100th Anniversary year. Save the date for July 13-17, 2014 at the Radisson Valley Forge Hotel and Conference Center!
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 19www.pachiefs.org
100TH ANNAUL CONFERENCE – JUNE 23-27, 2013 – CAMP HILL, PA
THANK YOU TO OUR2013 PARTNERS AND CONFERENCE SPONSORS!
Our events and annual conference are successes because of their support to Pennsylvania law enforcement!
PCPA 4-SHIELD PARTNER
2013 CONFERENCE SPONSORS
PCPA SINGLE SHIELD PARTNER
20 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
ACT 14Amends the Crime Victims Act further providing for petitions to deny parole upon expiration of minimum sentence to add that the victim shall be permitted to provide testimony before a majority of the body making the parole release decision. The bill also allows for the provision of victim testimony through electronic means, such as video and television. Signed by the Governor June 18, 2013. Effective September 1, 2013.
ACT 26Amends Controlled Substance, Drug, Device and Cosmetic Act to make possessing the esters, salts, optical isomers or salts of optical isomers of red phosphorous, hypophosphoric acid, ammonium sulfate, phosphorous, iodine, hydriodic acid, ephedrine, pseudoephedrine, lithium, sodium, potassium, sassafras oil, safrole oil or
other oil containing safrole or equivalent, whether in powder or liquid form, phenylpropanolamine, phenyl acetone, methylamine, ammonium sulfate, ammonium nitrate or phenyl acetic acid a felony subject to imprisonment of up to seven years and a fine not exceeding $15,000. Signed by the Governor June 24, 2013. Effective in 60 days.
ACT 40Amends the Controlled Substance, Drug, Device and Cosmetic Act to further provide a list of compounds and substitute compounds under the regulation of the Act. Signed by the Governor July 2, 2013. Effective immediately.
ACT 53Amends The Controlled Substance, Drug, Device and Cosmetic Act to reserve certain sections relating to the sale of
ephedrine and pseudoephedrine and to add sections limiting the sale of these substances by amounts to individuals and requiring purchasers to present an enumerated form of identification to the retailer upon purchase. The bill also requires retailer to submit purchaser information to enumerated national databases and further provides for violations. Signed by the Govbernor July 9, 2013, Effective in 270 days.
More detailed information, including links to this recently enacted legislation is available via the PCPA Bills To Watch Page of the PCPA website. PCPA Staff will continue monitor and track proposed legislation of interest to the Association. Members are encouraged to contact Headquarters if they have specific questions about legislative issues.
LEGISLATIVE REPORTProvided by Pennsylvania Chiefs of Police Association Staff
Four law enforcement related Bills were passed by the General Assembly and signed into law by Governor Corbett prior to their summer recess. PCPA will continue to monitor and advocate for legislation which is important to the membership and law enforcement in the Commonwealth. Members are encouraged to regularly check out the “PCPA Bills To Watch” Page on the Association’s website for latest information on proposed and enacted Legislation.
LEGISLATIVE UPDATES FOR LAW ENFORCEMENT
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 21www.pachiefs.org
INCREASING COMPLIANCE AND REDUCING RISK
Organizations are increasingly held
accountable to the communities
where they operate, as well as
have federal, state and local regulations
that are guiding principles for their
operations. The Pennsylvania Chiefs
of Police Association (PCPA) through
the Pennsylvania Law Enforcement
Accreditation Commission (PLEAC)
realizes that being in compliance with
Pennsylvania law enforcement standards
offers a structured framework to help
reduce liability and provide a framework
for operational excellence. A key to
the success with the PCPA program is
implementing a successful policy and
procedure protocol along with a training
program that can assist with achieving
the standards. All of this requires an
accreditation organization or the agency
seeking accreditation to spend time, money
and resources to meet them. Agencies are
often left to struggle with achievement
with limited funds and stretched resource
availability.
Law enforcement compliance professionals
struggle to deliver expected performance;
leaders and administrators don’t have clear
or on-demand visibility into compliance
operations. As a result, there is a high
level of manual effort spent on document
management and control, leading to errors,
missed information – all opening the
door to a high level of risk and liability.
Traditionally, achieving accreditation and
conducting a self-assessment is met through
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INCREASING COMPLIANCE AND REDUCING RISK: INNOVATING LAW ENFORCEMENT ACCREDITATION
building a compliance program through
paper files and folders for the operational
portion of the program.
The PCPA has partnered with PowerDMS™
to help solve these issues and streamline the
process of compliance and accreditation,
by allowing agencies to view and search
the PCPA Standards electronically, and
for those agencies that choose to, use
PowerDMS™ to build their assessment files
electronically.
“The partnership between the Pennsylvania
Chiefs of Police Association and
PowerDMS™ will give our accredited and
enrolled agencies the option of introducing
a state-of-the-art technology application
to more efficiently and effectively manage
their accreditation process,” stated Joe
Blackburn, Pennsylvania Chiefs of Police
Association Accreditation and Training
Coordinator.
As organizations continue to strive to
professionalize and encourage a standard of
excellence within the law enforcement and
CONTINUED ON PAGE 22
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22 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
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THE SYMBOL OF ONGOING RISK MANAGEMENT
Featuring a credible, affordable and practical law enforcement accreditation program unique to Pennsylvania
TRAINING AND START-UP MATERIALS ARE PROVIDED
CALL PCPA HEADQUARTERS AT
(717) 236-1059Pennsylvania Chiefs of Police Association
A program funded by PCCD
public safety industries, the cloud-based
PowerDMS™ solution provides a powerful
method to seamlessly integrate policy
creation, collaboration, approvals, training
and testing. “Having PowerDMS™ opens
the door for innovating the compliance
process and having real impact for those
agencies, saving them significant time,
money and physical space,” said Josh
Brown, founder and CEO of PowerDMS™.
“Our most recent release brings an exciting
feature–Document Compare. This
really amplifies the ease of use and helps
users easily identify any changes in the
documentation to be able to more quickly
respond.”
A STREAMLINED COMPLIANCE SOLUTION
PowerDMS™ is a cloud-based application
– securely available online, anywhere,
anytime. It provides document
management and control of all assets,
including critical content relating to
compliance and regulations. Streamlining
the compliance process, it reduces time,
effort, and operational cost involved in any
audit or self-assessment.
Using PowerDMS™ is a method for
early identification of risk and proving
compliance, and a collaboration tool that
includes all stakeholders for visibility and
approvals. The application is also a system
for employee accountability through
custom training, testing, and credentialing
as another step to assure understanding and
compliance.
PowerDMS™ is cloud-based as a licensed
subscription – no software to install or
upgrade and minimal down time. It is all
managed by PowerDMS™ instead of using
your IT staff ’s valuable time.
Document Lifecycle Management:
• Create, draft, publish and archive
documents
• Employee accountability through
electronic signature
• Side by side document comparison for
easy change identification
• Intelligent mapping of PCPA Standards
or content to map to all other relevant
content in the system
• Version control
• Microsoft® Office Integration
• Document workflows for reviews and
approvals
Operational Management:
• Create custom training courses from
existing content
• Test employees for understanding of
policies
• Online assessments
• Proof of compliance
• Scheduling, Alerts and Reminders
• Workflows and Task Management
• Reviews and eSignatures
Working with over 1,300 organizations
in over 13 years of doing business,
PowerDMS™ has its beginnings in law
enforcement and extensive experience
with the ever-changing regulations and
compliance landscape. We partner with
other premier organizations in addition
to PCPA, such as CALEA, FBINAA and
IACP. Connecting with our users is an
important aspect as we continue to improve
and grow the capabilities we bring to
market.
PowerDMS™ is a cloud-based company that helps organizations reduce risk and liability with a comprehensive compliance management solution. We provide the tools necessary to organize and manage crucial documents and industry standards; train employees with accountability measures–all reducing risk and maintaining compliance for an organization. PowerDMS™ redefines compliance management through collaboration, process and automation.
PowerDMS™ is offering PCPA members a free 45-Day trial. Please register at http://solution.powerdms.com/PLEAC to take advantage of this opportunity to ensure members have the opportunity to experience the power of automation and streamlining the compliance and accreditation process.
POWERDMS™ KEY BENEFITS:
• Increased Compliance • Early Identification of Risk • Increased Productivity • Lower Total Cost of Ownership • Stakeholder Collaboration • Employee Accountability • Proof of Compliance • Consistency of Operations • Audit Instrument
INCREASING COMPLIANCE AND REDUCING RISK
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 23www.pachiefs.org
FEATURE ARTICLE BY PCPA PARTNER CODY SYSTEMS
Executive Q&A: Chief Frank Williamson of Lower Allen Township Police Department
At CODY Systems, we believe that our system is only as good as the men and women who use it. In this Executive Q&A, we talk to Frank Williamson, Chief of Lower Allen Township Police Department and Chair of the Data-Sharing Working Group for the South Central PA Task Force about the challenges and triumphs of his noteworthy career in law enforcement.
CS: Where did you grow up?FW: I was born and raised here in Lower Allen Twp. I graduated from Cedar Cliff High School which is here in the township. I’ve been in the township almost all my life.
CS: Did you attend college?FW: Yes, I have an Associate’s Degree in Criminal Justice from Harrisburg Area Community College and a Bachelors Degree from York College of Pennsylvania. In addition to that, I’m also graduate of the Southern Police Institute from the 100th Administrative Officer’s Course which is very similar to the training received at the FBI National Academy and Northwestern School of Police Staff and Command.
CS: Did you always want to pursue a career in law enforcement?FW: Actually, when I was a kid, I wanted to be a Forest Ranger! Then, I went through the Explorer Program with a neighboring police department and that was when I knew I wanted to go in this direction.
CS: When did you become Chief of Lower Allen Twp?FW: I’ve been with the department since 1981. Over the years, I came up through the ranks and went from Lieutenant to Director of Public Safety in May of 2000 with the Chief of Police and the Chief of our EMS Division reporting to me. As those Chiefs retired, I assumed some of their responsibilities I was officially sworn in as chief in January of 2008. I’ll have been here 32 years in November of this year.
CS: What are some of the challenges of being Chief of Police in the town you grew up in?FW: Growing up in the Township was a blessing and a curse. I knew a lot of people since I grew up here. Over the course of a career, you get to know more and more people and business owners, or people that knew my parents. Eventually, when I became Chief, some folks feel
they can just call me, instead of calling into County Communications. And, they expect immediate results.
And there are always challenges when you come up through the ranks of a department and then you take over! It’s a challenge to make that transition from buddy into boss, but I am so fortunate to have as good a department asI do. I am very proud of the men and women that work here. I think we have one of the best departments in Central PA! There are also the challenges of dividing my time between the Volunteer Fire company, Emergency Management and the EMS division. This has become even more challenging as we have been dealing with a reduction of staff. Since 2010, we are two officers down from our authorized compliment. Fortunately, we haven’t had to lay anybody off since the officers who left either retired or moved on. Problem is, we haven’t been able to replace them.
CS: In what ways has technology helped you to meet this challenge of reduced staffing?FW: When you have a 20 man department and lose two officers, we are talking about 10% of your compliment. I knew we needed to get new technology in place to make the compliment more efficient because they’re handling more work. I knew I needed to give them tools to do their job better. Our old records management system was not
Chief Williamson shares a smile outside the Lower Allen Twp. PD in southeastern PA.
24 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
being updated and was time consuming. That’s when I turned to CODY.
Since we implemented CODY, we have effectively cut our officer’s reporting time by almost two-thirds. We have also found better, more efficient ways to complete and document our job performance through the CALEA accreditation program. The problem is that as the economy goes down, our calls for service go up. There’s no reduction to calls for service!
attacks on 9/11. Its mission is to assume a leadership role in delivering a comprehensive and substantial, regional, all hazards emergency preparedness program that addresses planning, prevention, response and recovery for events in the South Central, PA that exceed local ability.
CS: How has the SCTF used technology to achieve its mission?
Det. Leon Crone and Records Supervisor Linda McCool stand with the Chief outside the PD.
Great thing is, with CODY, we’ve actually increased our officer’s efficiency in handling calls. In fact, we noted a 66% reduction in the time it takes an officer to put a simple complaint in and that’s huge when you’re talking about a 10-20% reduction in your staffing.
CS: In what ways has CODY helped?FW: In so many ways! I think the fact that my officers can enter information once and have it available throughout the system instantly is a huge time saver. When you’re adding somebody to the system you can link them to any other entity in the system right through the IRF [CODY’s Incident Report Form]. Everything is only a click away. My officers love that!
It’s also reduced the number of duplicate name and business records substantially. It helped us clean up our database and keep it that way which is safer for my officers on the street. When they’re running a name, they can be sure that they have good information out there.
CS: What RMS functionality does your officers/staff most rely on?FW: Our officers rely mostly on the full access to Names and Incidents in CODY Express when they are on the street. We also utilize CODY Officer Logs administratively to reduce the number of incidents or complaints the officers would normally fill out, while still documenting their obligated time.
CS: Now, in addition to being Chief, you also work with the South Central PA Task Force?FW: I am Chair of the Data-Sharing Working Group of the Task Force which was actually formed before the
across county lines. Using COBRA.net, I can share information with my neighboring agencies. At the end of the day, we need to be able to communicate and have that exchange of information. Whether it is using CODY’s COBRA.net data-sharing system for law enforcement or their alerting system for the counties, the SCTF tries to use the latest technology to benefit all of its stakeholders. COBRA.net can be utilized on a daily basis by officers in most of the SCTF counties at this point for their daily work. However, when a major incident occurs, officers and the Incident Management Team can search COBRA.net to develop intelligence information. The information in COBRA.net is one stop shopping, where in the past, gathering information from different agencies would have been difficult.
CS: From your perspective as Chief of a smaller department, how has the COBRA technology employed by the SCTF helped to supplement your operations?FW: The real time data in COBRA.net, allows officers to have access information from multiple agencies in multiple counties in one secure environment. As a Chief in a smaller agency, it is imperative that our officers have the information they need to keep themselves and our citizens safe.
FW: Since I have been involved, we have implemented a COBRA.netdata-sharing system which is making it possible for all the different departments in all the counties in the SCTF with different RMS systems to share crime information in real time. It’s all about information-sharing, and we need to get to information
FEATURE ARTICLE BY PCPA PARTNER CODY SYSTEMS
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 25www.pachiefs.org
CS: Can you remember a specific instance when CODY/technology made the difference in a case or investigation?FW: We had a robbery case that involved the FBI. CODY allowed our investigators to quickly and easily locate an incident from the previous night, where the suspect had been stopped and questioned by our night shift. They had a name through CODY. The FBI checked CLEAN/NCIC and found the suspect had been fingerprinted within the last hour, after being arrested by Swatara Township. That information was also available in COBRA.net. So, CODY provided a name then a check of a larger database and provided a location (Dauphin County Prison). After two attempted robberies in Lower Allen Township, the suspect went to the Harrisburg Mall, where he did another robbery. Swatara Township Police were able to locate him and arrest him within the Harrisburg Mall.
CS: With all the stress that comes with the job as Chief, can you share something fun about your job?FW: I have two high schools in the township, one parochial and one public. Well, the public school is the one with the football stadium, so on Friday nights in the fall we have at least one, sometimes 2, football games
Officer Edward Curtis using CODY Express
going on in our township. We always put officers down at the football games since there’s a contract for that, but sometimes I like to get on my uniform and go out there myself on a Friday night. I love putting on that uniform and going back out on the street when I get the chance…even after all these years!
To learn more about this project, please feel free to contact the Chief at :
Lower Allen Twp PD - (717).975.7575 ext.1601 or [email protected]
FEATURE ARTICLE BY PCPA PARTNER CODY SYSTEMS
BLAIR AGENCY WARNS OF NEW DRUG By Phil Ray ([email protected])
Reprinted from “The Altoona Mirror”
The Blair County Drug and Alcohol Program Inc. has sent out a warning about a harmful new drug with effects similar to but even more severe than Blizzard or bath salts.
It is known on the streets as “N-Bomb” or “Smiles,” and its side effects include “out of control thinking, paranoia, panic, unwanted and overwhelming feelings and violence,” the program warned in a “hot sheet” flier.
Overdosing on the drug, which is common,
can lead to “seizures, bleeding of the brain and death,” it said.
The effects last six to 10 hours.
Judy Rosser, executive director of the Drug and Alcohol Program, said her agency doesn’t send out warnings very often, but she believes this one is appropriate because of the dramatic effects of the drug and because “we are seeing a pocket of usage especially among our youth.”
Read the full story under the Local News section of www.thealtoonamirror.com.
28 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
TECH MANDATES
Now a days when you hear the phrase: “There is an app for that” you can really believe it. According to a May 16, 2013 article from “The Guardian” by technology editor Charles Arthur “More than 50 billion apps have now been downloaded from Apple’s App Store since it opened in July 2008”. Google is not far behind, announcing 48 billion downloads from its Google Play store so far. These statistics are literally mind boggling. Both Google and Apple claim to have over 800,000 apps available in their market places. Throw in over 200,000 Blackberry apps and a surging Windows Mobile platform with over 150,000 apps and you will begin to see that the whole world of mobile computing is truly changing. We are doing so much more on our phones and we are doing it wherever we are and whenever we want.
Unfortunately there lies the rub. With so many apps available individuals are finding more and more ways to use and misuse them. Apps are being created for stalking, sexting, spying and a whole host of other nefarious usages. This article takes a look at a just one very popular app called “Snapchat”. By now many of you know a little about the infamous Snapchat app. For those of you that haven’t heard about it, the premise
TECH MANDATESBy James A. Dill, Deputy Chief (retired) PA Office of Attorney General
The truly sad thing is that so may teens and even preteens have used an app such as this and have had their lives so disrupted that some have resorted to suicide. In fact there are numerous cases where sexting and explicit photo sharing has led to a new craze called “Viral Shaming”.
behind Snapchat is that it is a self destructing image/video sending application. We have discussed self destructing text messages before such as “TigerText”, but this one is geared to the younger generation and is image based (MMS-Multimedia Messaging Service). Users can send pictures or video to their friends and the images are supposed to self-destruct after a maximum of 10 seconds. The Snapchat website states: “Snapchat is a new way to share moments with friends. Snap an ugly selfie or a video, add a caption, and send it to a friend (or maybe a few). They’ll receive it, laugh, and then the snap disappears.” Many who download the app (especially young teenagers) believe it is safe and the perfect way to send those intimate photos to that one true love in middle school… It has also been known to be used by drug dealers who don’t want to have a verbal conversation or use standard text messaging techniques. Both the sender and receiver must have the app.
Snapchat was started by Evan Spiegel, Bobby Murphy and two other developers from Stanford. The idea initially started as a project for class, but classmates were apprehensive about the concept of self-destructing photographs. However, Spiegel went ahead and developed the app with his friends and Snapchat successfully launched in September 2011, from Spiegel’s father’s living room (which remains the company’s headquarters).
According to CNET Snapchat as of June 2013 had over 8 million users so, trust me folks, it is being used. It has gotten so popular that Facebook blatantly copied it and introduced their own self destructing image messaging app called “Facebook Poke”.
Snapchat even comes with a unique feature that alerts you if someone has taken a screenshot of that scantily clad photo you sent your boy/girl friend. In my opinion that is a really nifty feature. You get to know in advance that your life has just been ruined!
What most kids and adults don’t realize is that there are numerous ways to defeat Snapchat’s self destructing feature and
DEVIOUS SMARTPHONE PHONE APPS
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 | 29www.pachiefs.org
TECH MANDATES
save the photos. Just do a search on the Internet and you’ll find the work arounds (most developed by sixteen year old males with raging hormones).
What are some of the work arounds? First, there is the standard screenshot where you just use the phone’s screenshot feature to save a picture of what appears on your screen. However Snapchat, as I stated earlier, will alert the sender. That is until iOS 7 is released (it is already in beta 2). In iOS 7, taking a screenshot no longer closes the photo viewing window in Snapchat, which means no notification is sent when a screenshot is captured.
Second, there is also the technique where you ask your buddy to take a photo using his phone as soon as you open the Snapchat photo sent to your phone. This way the sender will never know you have captured the photo (that is until you send it to everyone in your neighborhood and school).
The third technique is more from a law enforcement, forensic perspective. US-based computer forensics specialist Richard Hickman studied the app’s premise and found that Snapchat photos don’t actually disappear at all from the phone. Studying a forensic image of a phone running Snapchat, Hickman found a directory called received_image_snaps. Its contents contained both unviewed and supposedly “expired” images. How? According to Hickman, Snapchat relies on two steps to make your images “disappear”. It adds the extension .nomedia to the filenames, which is a standard Android marker that says, “Other apps should ignore this file.” The other way is Snapchat adds a record to its own database to say, “The following image should be treated as though it doesn’t exist.”
There are some other techniques, but you get the picture by now.
The truly sad thing is that so may teens and even preteens have used an app such as this and have had their lives so disrupted that some have resorted to suicide. In fact there are numerous cases where sexting and explicit photo sharing has led to a new craze called “Viral Shaming”. This is where a user sends what they believe will be a private or expiring message. Word gets out and others use email and social networking to brutally embarrass and shame the sender to the point where they can’t take it anymore. Amanda Todd, Audrie Pott, Rehtaeh Parsons all took their lives as a result of something they did online that they truly regreted. If you have a few minutes look at their stories online –so sad or better yet have your children look it up.
In conclusion, if you are investigating a sexting case, cyber
bullying, viral shaming or just have some children at home, I hope this article regarding self destructing messages will be of some assitance to you. We’ll exam additional apps in future articles that truthfully highlight the “Darker Side of Technology”.
If you want to learn more about technology threats to an officer or an investigation, the Northeast Counterdrug Training Center offers a free training program called “Technologies Used Against Police” that examines in further detail techologies that can hurt you, your familes and can circumvent or interfere with the investigative process! You can register at www.counterdrug.org.
Jim Dill is a retired deputy chief from the PA Office of Attorney General. He spent the majority of his career dealing with investigative technologies. He is now an investigative technology consultant, trainer and subject matter expert with Alutiiq International and ITIS, LLC. More information regarding courses he instructs can be obtained at www.itis-llc.com.
If you have a question, comment, or an idea for an article he can be contacted at: [email protected]).
30 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013 www.pachiefs.org
PA VIRTUAL TRAINING NETWORK (PAVTN)
The Pennsylvania Virtual Training Network continues to grow. The PAVTN now has over ten thousand four hundred registered users and over sixteen courses, including all four Municipal Police Officers Education and Training Commission mandatory in-service courses for 2013. In the late fall PCPA will add a course on Human Trafficking. Currently, there are five courses being developed for 2014. This included all four 2014 MPOETC mandatory in-service courses (available January 2014) and a course about the Primary Aggressor in domestic violence cases. If you know others that are not taking advantage of online training, please remember to tell them to check it out.
USING VIDEO CONFERENCING IN PUBLIC SAFETY AND LAW
ENFORCEMENT
PCPA is conducting a demonstration project in cooperation with Cumberland County to show the advantages and use of live video conferencing in public safety situations and law enforcement duties. The project establishes a central video conferencing server that will allow different types of computers, tablets and smart phones to feed live video. Some of the anticipated uses range from being able to feed live video from a smart phone back to a command center during a large event or disaster, to police sending live video from a crime scene to a supervisor. The project will explore and catalog the use and potential benefits. More on this will be reported as the project progresses.
PCCD DASH BOARD AND ARREST
FINGERPRINT COMPLIANCE DATA
The Pennsylvania Commission on Crime and Delinquency (PCCD) in collaboration with the Pennsylvania State Data Center at Penn State Harrisburg secured federal Statistical Justice System funding from the Bureau of Justice Statistics to implement this digital dashboard system.
PCCD is committed to improving the administration of justice at the state and local level through the implementation of innovative solutions. At the county level, these efforts have been facilitated through the establishment of county Criminal Justice Advisory Boards (CJABs), which include a wide-continuum of county officials from the courts, corrections, law enforcement, community-based justice organizations, executive branch agencies, health and human service agencies, victims’ service agencies, and the faith communities. CJABs use a collaborative approach to justice planning and problem solving.
The pilot project was completed in April 2013, and the dashboards are now implemented on a statewide basis.
The Dash Boards track key metrics from the county justice system including: prison indicators, courts indicators, juvenile indicators, probation/parole indicators, law enforcement indicators.Since 2006, PCPA has been working with PCCD with PSP, and AOPC to make sure every arrest fingerprint is captured and submitted to PSP. As a result of that work a statistical reports shows every arrest filed in the court system and whether fingerprints for that arrest were submitted to PSP. PCPA has been stressing the importance of fingerprints for criminal history records and criminal investigations. PCPA has been documenting the problems and public safety issues when fingerprints are not submitted. This Dash Board report will identify the county and agencies that are out of compliance and assist us to identify issues regarding non-submission of fingerprints.
TECHNOLOGY UPDATE
By Christopher J. Braun, MSIT, PCPA Technology Coordinator
PENNSYLVANIA CHIEFS OF POLICE
ASSOCIATION
APPLICATION TYPE:Active Membership $125 per year plus $50 Initiation Fee ($125 to accompany application)
Affiliate Membership $125 per year plus $50 initiation Fee ($125 to accompany application)
3905 North Front Street | Harrisburg, PA 17110 | Tel: 717-236-1059 | Fax: 717-236-0226 | www.pachiefs.org
PLEASE TYPE OR PRINT CLEARLY.
APPLICANT INFORMATION
Name _________________________________________________
Rank ___________________________ Date of Appt __________
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Office Address _________________________________________
______________________________________________________
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County _____________________ Phone ___________________
Fax ___________________ Email __________________________
Are you a sworn police officer? Y or N
Full Time Police Officer in Above Department? Y or N
MPOETC # ___________________________________________
If not applicable, please explain why MPOETC number is not present
______________________________________________________
Residence Address _____________________________________
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County ____________________ Phone ____________________
Date of Birth _______________ Region ____________________
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commission of a felony or misdemeanor? Y or N
If yes, explain on a separate sheet of paper and attach to application form.
Signature of Applicant:
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MAIL TOTAL FEE AND THIS FORM TO:PA Chiefs of Police Association
3905 North Front Street, Harrisburg, PA 17110
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Check Amount & No. ______________ Date __________________________
RECOMMENDING MEMBERPlease list a current member of the Pennsylvania Chiefs of Police Association who has recommended that you apply for membership. If the applicant holds a rank lower than Chief, your recommending member must be your Chief, Superintendent or Commissioner.
Recommending Member Name and Title:
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APPLICANT DEPARTMENT INFORMATIONProvide the number of sworn police officers in your department
Full time ___________ Part time __________
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MEMBERSHIP QUALIFICATIONSSection 4. Active Membership. “Active” membership shall be open to the following: (a) All full-time sworn chiefs of police, superintendents, or commissioners of municipal police agencies in the Commonwealth of Pennsylvania who have police powers and MPOETC Certification (b) All full-time sworn municipal police officers in the Commonwealth of Pennsylvania who have police powers, MPOETC Certification and hold the rank of captain or above and persons who hold the rank of Captain or above that are members of the Pennsylvania State Police; (c) Special agents in charge, assistant special agents in charge, and resident agents of any law enforcement entity of the United States government if, at the time of application, such persons are headquartered in the Commonwealth of Pennsylvania; and; full-time persons with command-level responsibility in any law enforcement agency of the Commonwealth of Pennsylvania provided that these individuals are not elected to their position by a popular vote of citizens Section 5. Affiliate Membership. “Affiliate” membership shall be open to those persons who, by occupation are Chiefs of Police who work part time, Police Officers In Charge of Police Departments, Directors of Police Agencies, and Ranking officers who have a supervisory role in a police department. This category also includes agency heads of Corporate Security and Police Academies . These individuals must share a mutuality of interests with the Association and its membership, enabling them access to information from the Association that is regularly provided to Active Members. Affiliate members may attend the Association’s Annual Meeting at the invitation of the Executive Board and under no circumstances shall such members have or exercise the privilege of voting, either by voice or ballot, on Association business. For the full by-laws regarding membership, please visit our website at www.pachiefs.org.
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