How to Increase the Odds You’ll Hit Your “Targets” in 2020

INFO COURTESY OF CALIBRE PRESS

Well, here we are; at the end of another year. If you’re like pretty much everybody else, you’re looking at ways to make personal and professional improvements over the next year… crafting your annual New Year’s Resolution list.

Hopefully, you’re looking at making improvements that will help you live healthier, happier and safer—all things we fully support, of course! Here are a few tips that can help you be more successful at reaching your goals by keeping your resolutions realistic and attainable.

1. Be flexible.

Goal setting is an experiment. Be willing to alter your goals and follow a contingency plan when life events change. Flexibility keeps you open to opportunities as new information emerges.

2. Be affirming.

An affirmation is a short statement that makes your intentions clear. If your goal is to become more physically fit, write on an index card, “I exercise regularly and I am in excellent physical shape.” Even though this may not be true today, tomorrow or next week, the statement will help you stay on track to improve.

Affirmations are words of self-direction, not self-deception. Repeat your affirmation to yourself daily.

3. Be visual.

Take a few deep breathes, close your eyes and visualize yourself achieving your goal. If your goal is to quit smoking, for example, visualize yourself turning down a cigarette when one is offered to you or stopping yourself when you go to buy a pack. Your mind will use those images to help you act accordingly. What you see is what you get.

4. Be realistic.

Determine what is a reasonable goal for you, given your family and professional time demands. But don’t sell yourself short. Stretch your vision a bit. Even if you don’t achieve your goal, you’ll be further along than if you hadn’t done so.

Here are two examples of giving your resolution a reality check:

Resolution: I will refrain from all beer, ice cream, and fatty foods.

Reality check: Too drastic. Moderation is the key to success when changing eating habits. More realistic resolution: Cut your intake of those things by 50 percent.

Resolution: I will be a better officer.

Reality check: Too vague. More realistic resolution: Pick a specific area of your policework to improve on and work on it.

5. Be courageous.

Take risks but permit yourself to fail. Errors and setbacks are valuable teachers. We are the sum of our corrected mistakes. If you don’t let it all hang out once in a while, you’ll never know your potential.

6. Be specific.

To measure your progress, you must clearly define your objectives. Consider making a weekly personal contract, committing to workouts that carry you toward your goal. Create graphs for progress–a rewarding method that provides instant feedback.

7. Be positive.

State your goals so they say what you want rather than what you don’t want. For example: “I will eat healthier food,” rather than, “I won’t eat junk food.”

8. Be patient and persistent.

This is critical. It usually takes more time than you expect to reach your goals. That’s why it’s the direction you’re going in that’s important, not whether you get there on time. Too often we quit when the finish line is just over the horizon.

9. Be passionate.

Make the pursuit of your goal worthwhile and fun by involving things you have a passion for. If you enjoy eating lots of different foods, for example, but have chosen to lose weight, involve your passion for food in your drive toward your goal. Decide to start sampling as many different healthy, low-calorie foods as you can find (not all in one sitting, of course). You’ll still be enjoying new foods and you’ll still be on the road to reaching your goal.

We hope that you will always stay dedicated to the most important resolution you can make to yourself and the ones you love–to stay safe and return home after every shift.

New Laws for 2020

Below are summaries of selected legislation effective January 1, 2020, except as otherwise noted. The full text of the statutes should be consulted for application.

PC §§ 150, 1550 (Repealed) The posse comitatus act is repealed. Citizens are no longer required to come to the aid of peace officers who summon their help.

PC §§ 196, 835a (Amended) Peace officers may use deadly force only in specified circumstances involving imminent danger, after ID as a police officer and a warning where feasible, but not against a person who is only a danger to him/herself.

PC § 502(b)(5) (Amended) Prohibited access to computer systems includes to those installed in or affixed to vehicles.

PC § 647(j)(1) (Amended) Unlawful peeping includes via drones or electronic devices.

PC § 647.3 (Added) A reporting victim/witness to a violation of specified assaultive and other crimes is not to be arrested for related misdemeanor drug crimes, public lewdness or prostitution/loitering for prostitution. Says that possession of condoms is not PC to arrest for those offenses. (Did not pass by ⅔ majority; does not override Cal. Const. Art. l, § 28(f)(2).)

PC § 667.5 (Amended) One-year enhancements to prison terms for prior convictions and imprisonment now apply only for priors that are sexually violent offenses (5-year wash-out).

PC § 680 (Amended) Sets time limits for police submission of sexual assault forensic evidence to the crime lab (NLT 20 days) and by the crime lab to CODIS (NLT 120 days).

PC § 803.7 (Added) Statute of limitation in § 273.5 domestic violence cases is 5 years.

PC § 832.19 (Added) Prohibits facial-recognition technology on police body-worn cameras.

PC § 859.7 (Legacy) Law enforcement agencies must adopt policies for conducting line-ups and photo ID by a “blind administrator;” specified admonitions must be given to witnesses; and the process must be audio/video recorded, if feasible. Does not apply to field show-up ID. Constitutional principles still control admissibility of ID evidence.

PC § 1016.8 (Added) In a plea bargain, defendants cannot be asked to waive future benefits of changes in the law.

PC § 1524 (Amended) Added subsection (a)(19) authorizes search warrants for vehicle EDR in felony or misdemeanor cases involving the vehicle in a death or serious bodily injury.

PC § 4001.2 (Added) County jailers must ask booked inmates about military veteran status and notify defense counsel and the district attorney of this information.

PC §§ 25100, 25200 (Amended) Criminal storage of a firearm is no longer limited to loaded firearms or handguns, but now includes unloaded firearms and long guns.

B&P § 6070.5 (Added) After January 31, 2023, MCLE must contain training on implicit bias.

CCP § 203 (Amended) Convicted felons can serve on juries, unless incarcerated or on felony supervision, except 290 sex registrants.

Evid. C § 782.1 (Added) Says that possession of a condom is not admissible in prostitution prosecutions. (Did not pass by ⅔ majority; does not override Cal. Const. Art. l, § 28(f)(2).)

Evid. C §§ 1043, 1047 (Amended) Shortens notice time for Pitchess motions in criminal cases from 16 days before hearing to 10; extends Pitchess access to records of police supervisors who were involved in specified ways.

Evid. C § 1162 (Amended) Says that evidence that a reporting victim/witness to a violation of specified assaultive and other crimes was then engaged in prostitution is not admissible to prove that prostitution offense. (Did not pass by ⅔ majority; does not override Cal. Const. Art. l, § 28(f)(2).)

Govt. C § 6253 (Amended) A PRA requestor can use his or her own cell phone or other duplication device to copy records, but equipment may not make physical contact or damage the records.

Govt. C § 7286 (Added) Law enforcement agencies must adopt and make publicly-accessible a specified 20-point use-of-force policy. (Effective January 1, 2021.)

Govt. C § 15160 (Amended) Users may not access CLETS for immigration enforcement purposes.

Govt. C § 12525.5 (Legacy) Law enforcement agencies with 334-666 officers must begin documenting 8 categories of specified data on consensual encounters and stops that involve searches, and must file a first annual report with the AG by 4-1-22.

H&S §§ 11590 and 11592-11595 (Repealed) Specified drug offenders are no longer required to register with the chief of police or sheriff.

Public Resources C. § 5008.10 (Added) Smoking/vaping prohibited in posted unpaved areas of state beaches/parks, and disposal must be in proper receptacles ($25 infraction).

VC §§ 10500, 10855 (Amended) Rented/leased vehicles not returned within 72 hours of agreed time are presumed stolen, and police must report them to the DOJ stolen vehicle system.

VC § 21761 (Added) Driver approaching a stopped waste vehicle with flashing amber lights must slow or change lanes to pass.

VC § 22101 (Amended) Where indicated by traffic lights, bicyclists may go straight through an intersection from a right- or left-turn only lane.

VC § 40610 (Amended) Officers may resume issuing fix-it tickets for excessive noise/exhaust (but not for motorcycles).

The Calibre Report: Court Reminder – When You Have Time, Use It Wisely Before Shooting

INFORMATION COURTESY OF CALIBRE PRESS

How a California officer spent his “discretionary time” in handling a subject said to be wielding a knife was the pivotal consideration earlier this year when the 9th Circuit Court of Appeals denied that officer a favorable summary judgment in a shooting case where excessive force was alleged. CLICK HERE FOR FULL ARTICLE.

Reversal. The appellate panel reversed the district judge’s granting of summary judgment for the officer and remanded the case back to the lower court for trial, explaining: “The use of deadly force is only reasonable if a suspect poses a significant threat of death or serious physical injury to the officer or others.” The officer, the panel said, “could have taken more time to evaluate the situation.”

The court also ruled that there was evidence “sufficient to create a triable issue” of supervisory liability for “informal practice or policy” within the officer’s department related to the use of lethal force.

The court’s full decision can be accessed free of charge HERE.

VIDEO OF INCIDENT

Jonathan Diaz Memorial Fund

On November 2, 2019 Lemoore Police Officer Jonathan Diaz was shot and killed in the line of duty while faithfully serving the citizens of Kings County. Jonathan was a loving father as well as an exceptional friend and Police Officer.  Jonathan began his career with the Huron Police Department in 2015 and was hired full-time with the Lemoore Police Department in 2016.  He was recently promoted to the Major Crimes Task Force. Jonathan, 31 years old, leaves behind three children, including a 10-month-old daughter, three siblings, his parents, and his girlfriend. 

According to Kings County Sheriffs Department Detectives, the suspect and Jonathan were at a birthday party for the suspects Father, Ramiro Trevino Sr., when the suspect was involved in a domestic violence incident. Jonathan intervened to ensure the safety of the victim by escorting her to safety. Jonathan went back into the residence to try and defuse the situation when the suspect opened fire on Jonathan as well as Trevino, Sr., before turning the gun on himself.

100% of donation proceeds will go to the organizing PORAC Association to distribute to the individual and/or their family.

What’s the Mission? Responding to Suicidal Subjects

On-Demand Webinar

Presented by Mike Ranalli, Laura Scarry and Ken Wallentine

Mental health resources in the U.S. are woefully inadequate, and police officers continue to be called to scenes where subjects are in crisis. Despite best intentions, officer intervention at such incidents can backfire, resulting in harm to the subject or officers.

What is an officer’s legal duty to intervene in such cases? How can the agency and the officer minimize liability and safety risks? In this presentation, three law enforcement and legal professionals will discuss the risks involved in non-criminal mental health incidents and officers’ obligation under the law.

You’ll learn:

  • Recent federal cases that shed light on the duty and authority imposed on officers intervening with suicidal subjects 
  • How the “state-created danger” theory applies to calls involving suicidal subjects
  • Three critical elements of tactical withdrawal and effective risk mitigation when faced with a person in crisis who is not an active threat

LIVE TRAININGS:

CPOA

Use of Force/Liability/Litigation: Breaching the Minefield

16 Hours, POST Certified

What you will learn:
Don’t play the probability game – a high-profile use of force incident could happen to your agency. Be prepared.

The Legal Implications of Use of Force reviews recent court cases covering use of force, utilizes video to fully understand use of force situations and walks you through a use of force incident from field training to the court room.

Learn:
– The necessity of contact drills both in the street and in the courtroom.
– How to navigate the civil and criminal trail process.
– The process of a use of force investigation in a custody setting.
– Proper responses for both management and officers after a major incident.
– How to testify about a use of force encounter.
– How to write about a use of force encounter.
– How to analyze your defensive tactics for effectiveness.
– and much more…Who Should Attend:
Anyone who is a sworn member of law enforcement – from supervisor to patrol.

SAVAGE TRAINING GROUP

Response to the Non-Criminal Barricade Disengagement & Special Relationships

If you are like a lot of law enforcement professionals you’ve considered these questions:

  1. What should officers do with a suicidal person alone in their own home who refuses to exit?
  2. Do officers have a legal duty to take action to try to save the subject from harming themselves?
  3. When is it appropriate to disengage from a non-criminal barricaded suspect and will officers be found liable if the subject harms a third party?

The way law enforcement officers respond to a mentally ill person in crisis is a topic of intense debate. In this course, we’ll first answer each of those questions and discuss the relevant laws about liability and the “special relationship” doctrine. We’ll examine several case studies, some which resulted in the agency being found liable and some where the agency was not. You will hear the actual incident audio from a dramatic California incident in which the police disengaged. You’ll learn the modern tactics your agency can use to both limit liability and prevent a violent confrontation.

Each student will receive:

  1. A simple one-page decision making cheat sheet to help guide your decision making regarding when to engage, disengage and re-engage.
  2. A collection of policies and best practices from various agencies. You are going to walk away with the “industry standard” information.

ARTICLES

How to avoid legal missteps on suicidal-subject calls

Why Police Officers Can’t De-Escalate Anyone

When should law enforcement leave from an armed suicidal barricade?

Vol. 28 No. 20 – Law Enforcement Officers May Be Liable Based On Tactics Preceding the Use of Deadly Force

Calif. PDs fear ‘suicide by cop’ cases. So they’ve stopped responding to some calls

The Deputy Brian Ishmael Memorial Fund

On October 23, 2019, Sheriff Deputy Brian Ishmael, 37, was shot and killed in the early morning while responding to a call in the city of Somerset. The call involved theft from a marijuana garden at a private residence. Sheriff Deputy Ishmael immediately came under fire and was shot and killed. Another deputy, who was off duty, was injured during the shooting as well. Two men were detained and placed in custody, one of which was shot and taken to the hospital.

A procession, in honor of Sheriff Deputy Ishmael, was held shortly after.

Sheriff Deputy Ishmael was a 4-year veteran with the El Dorado County Sheriff’s Office and previously worked for the Placerville Police Department. He worked and lived in the community that he loved to serve.

Sheriff Deputy Ishmael is survived by his wife and three children. He was a loving husband and father who was devoted to his wife and kids. He was a beloved presence who was known for his kindness and positivity. Sheriff Deputy Ishmael will be missed by everyone.

Sheriff Deputy Ishmael will remain in the thoughts and prayers of our community as we mourn this heartbreaking loss.

ONLINE DONATION LINK

Donations can also be sent to:

Deputy Brian Ishmael Memorial Fund
PO Box 276507
Sacramento, CA 95827