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This page last updated on 08/23/10
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Kansas Peace Officers Association

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News, Updates & Announcements

KPOA Calendar

KPOA District 8 Fall Conference
September 22, 2010
Garnett, Kansas

Fall 2010 KPOA Shoot
September 23, 2010
 
Shawnee County Sheriff's Department Range

Fall Conference
October 12-14
Grand Prairie Hotel & Convention Center
Hutchinson, KS

 

Welcome!

The Kansas Peace Officers Association serves to promote personal acquaintance among Peace Officers of Kansas; to advance the science pertaining to the prevention and detection of crime and the apprehension of criminals; to promote the improvement of Police Service and the advancement of the Law Enforcement Profession and to raise the standard of Law Enforcement Institutions and Officials.

Update
Steve Holmes
KPOA President

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News, Updates & Announcements
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IN MEMORIAM TO KANSAS LAW ENFORCEMENT OFFICERS LOST IN THE LINE OF DUTY IN 2010
Deputy Sheriff Samuel A. Smith
Patch image: Franklin County Sheriff's Office, KS Deputy Sheriff Samuel A. Smith
Franklin County Sheriff's Office
EOW: Friday, July 23, 2010
Cause of Death: Automobile accident

Natural Resources Officer Luke D. Nihart
Patch image: Kansas Department of Wildlife and Parks Law Enforcement Division, KS Natural Resources Officer Luke D. Nihart
Kansas Department of Wildlife and Parks
EOW: Saturday, June 26, 2010
Cause of Death: ATV Accident
 
Topic: Issue:
KPOA DISTRICT 8 FALL CONFERENCE

KPOA DISTRICT 8 FALL CONFERENCE

September 22, 2010
Garnett, Kansas

GOLF:  Garnett Country Club is located in the North Lake Park in Garnett, KS.  East on Park Road from 59 Highway, or west on Park Road from 169 Highway, turn north at the pool.  Fee will be $15.00 if you bring your own carts, $22.50 if you rent one from the course.  Coffee and donuts will be provided at check-in at 8:00 a.m., play will start at 8:30 a.m.   To register call the Anderson County Sheriff's Office at 785-448-5678.  Please register in advance so enough carts will be available.

SHOOT:  Shooters will need to report to the golf course clubhouse no later than 9 a.m.  Directions will be given there.

LUNCH and MEETING:  Lunch will be served at the golf course at 12:30 P.M.  Meeting will follow.

District 8 Governors:
Steve Berry
Sandy Horton
Trent McCown


Fall 2010 KPOA SHOOT

Fall 2010 KPOA Shoot

Shawnee County Sheriff's Department Range
September 23, 2010
 

The Shawnee County Sheriff’s Department has agreed to host the 2010 Fall KPOA Shoot.  Sheriff Dick Barta has agreed this would be a perfect opportunity to showcase their new Firearms Range.

KPOA is happy to have the opportunity to bring the shoot to Topeka, and extremely happy to be able to use the new Shawnee County Sheriff’s Department Range.

Shoot will start at 8:00 am on the 23rd, with registration taking place prior to the shoot. 

The address is 7437 SE California. North 1/4 mile from SE 77th and California. Easiest way to get there will be south on S.Topeka Blvd. to SE 77th Street, (which is the entrance to Heartland Park Raceway), then east two miles.


2010 LEGISLATIVE SESSION UPDATES

2010 Spring Shooting Competition Results:

IMPORTANT INFORMATION FOR OFFICERS ABOUT SOCIAL NETWORKING WEBSITES:

Washington Regional
Threat and Analysis Center

2720 Martin Luther King, Jr. Avenue, S.E.,
Washington, D.C. 20032
202-481-3007  |  202-563-2768 (Fax)

Officer Awareness Bulletin

Impeachment via Social Network Websites

Issue:
Postings on social network websites such as Facebook and MySpace have been used to successfully attack law enforcement officers' credibility in courts.

Examples:
In a New York State court, a NYPD officer was questioned by the defense attorney regarding statements he had posted on his Facebook webpage that portrayed him as a rogue cop. At the conclusion of his testimony, what should have been a slam-dunk "ex-con with a gun" case, resulted in an acquittal for the defendant because of the reasonable doubt created by the officer's own postings on Facebook and MySpace. In other words, his own website statements were used to impeach him.

Convictions rest on the credibility of the officer(s). The defense strategy was to show the jury that what the officer writes about himself on social network websites is how he "really" conducts police work. The suspect in this case claimed that the officer used excessive force on him and broke three ribs. The suspect went on to allege that when the police officer realized that he would have to explain the broken ribs, he "planted" a stolen 9mm Beretta on the suspect and charged him with the offense.

The officer in this case had made questionable social network postings but claimed it was simply bravado, similar to what might be said in a locker room. But the difference between jokingly "talking' trash" in person and posting it on the Internet is that postings are preserved indefinitely on a digital server. One of the notable postings introduced to the jury was that the officer watched the movie "Training Day" (a motion picture that displayed corrupt police behavior and brutality) to brush up on "proper police procedure." Another series of postings revolve around miscellaneous internet video clips of police arrests. One of his postings said, "if he wanted to tune him up some, he should have delayed cuffing him." In another he added, "If you were going to hit a cuffed suspect, at least get your money's worth 'cause now he's going to get disciplined for a relatively light punch."

In another example of poor judgment, an Indiana State Trooper foolishly posted comments on his Facebook page that were in direct conflict with the policies and procedures of his own department. In one comment he shares his views of police work, referring to himself not a state trooper, but as a "garbage man, because I pick up trash for a living." Another comment was, "These people should have died when they were young anyway, I'm just doing them a favor." An off-duty picture posted by the officer shows him holding a gun to a fellow officer's head. Both officers had been consuming alcohol, which the officer personally validated when he posted that they were "drinking lots of beer" that day.

Social Network Consequences:
Take a moment to consider the consequences of how a skilled defense attorney would use these postings to aid in the defense of their clients. In law enforcement work, there are no second chances when it comes to one's integrity and social network postings are available for the world to see and use, even when made in jest, so think through the significance and possible consequences of all postings before you hit the ENTER Button, and preserve them on a digital server for all of eternity.

MPD Policy Reference is found in the MPD Sworn Law Enforcement Officer Code of Ethics, GO-RAR-201.36, dtd April 11, 2005. Section III - Regulations...
"I will keep my private life unsullied as an example to all, and will behave in a manner that does not bring discredit to me or my agency."

Related Materials
Brady v. Maryland (1963)
Under Brady, evidence affecting the credibility of the police officer as a witness may be exculpatory evidence and shall be given to the defense. Indeed, evidence that the officer has had in his personnel file that displays a sustained finding of untruthfulness is exculpatory to the defense.

Tennison v. City and County of San Francisco (2008)
The Ninth Circuit U.S. Court of Appeals held that "exculpatory evidence cannot be kept out of the hands of the defense just because the prosecutor does not have it, where an investigating agency does. That would undermine Brady by allowing the investigating agency to prevent production by keeping a report out of the prosecutor's hands until the agency decided the prosecutor ought to have it..." This ruling reiterates that the investigating agency is a part of the prosecutorial team.

Source: Derived from Los Angeles County Sheriff's Department News Letter, Vol. 9, No. 7, dtd May 27, 2009

References/Citations
Dwyer, Jim. "The Officer Who Posted Too Much on MySpace." New York Times 10 March 2009.

Segal, Bob. "Trooper in Trouble Over Facebook Photos." Indianapolis WTHR13 24 March 2009

Noble, Jeff (October 2003). Police Officer Truthfulness and the Brady Decision. The Police Chief, vol. 70, no. 10, Retrieved March 18, 2009

MPD Manual of Policy & Procedure: 3-01/000.10 - Professional Conduct

Brady v. Maryland (83 S. Ct. 1194).

Tennison v. City and County of San Francisco (548 F.3d 1293).
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FIREARM RULES Kansas Peace Officers Association Firearms Rules - Revised 07/30/2009

LEGAL ISSUES: Arrests and Detentions of Foreign Nationals
Whenever a foreign national is arrested or detained in the United States, there are legal requirements to ensure that the foreign national's government can offer him/her appropriate consular assistance. In all cases, the foreign national must be told of the right of consular notification and access. In most cases, the foreign national then has the option to decide whether to have consular representatives notified of the arrest or detention.  In some cases, "mandatory notification" must be made to the nearest consulate or embassy "without delay," "immediately," or within the time specified in a bilateral agreement between the United States and a foreign national's country, regardless of whether the foreign national requests such notification.Click here for more information.

REQUEST FOR ASSISTANCE:

The Kansas Law Enforcement Memorial Foundation is working to ensure that the 232 Kansas officers who have lost their lives in the line of duty will be forever recognized.   Click here for more information on how you can help.

Kansas Peace Officers Association
Post Office Box 2592
Wichita, Kansas 67201