Professional Documents
Culture Documents
Photos by Lisa Murray Ohio law enforcement officers take part in an Ohio Peace Officer Training Academy course on how to deal with active shooters.
My job as Ohios Attorney General is to support and assist local law enforcement professionals in their efforts to protect Ohios families. An important part of meeting that responsibility is making sure peace officers around the state are well-trained for the work we ask them to do. I said at my swearing-in ceremony that the Ohio Peace Officer Training Academy (OPOTA) would be a premier teaching institution for Ohio law enforcement personnel. I have every intention of following through on that pledge, and I need your feedback and suggestions to make it happen. Im proud of the dedicated, experienced staff and adjunct instructors at OPOTA. They are working hard to expand and improve advanced law enforcement training opportunities both in terms of content and delivery. Courses focus on topics and techniques peace officers need to be proficient in today, such as prescription drug abuse, intelligence-led policing, computer forensics, and a multitude of other subjects.
We have made these courses available not only at OPOTAs London and Richfield campuses, but at venues across the state and online. Regional and eOPOTA trainings have become increasingly popular as law enforcement throughout Ohio continue to face tight budgets and personnel shortages, and we will continue to focus on these offerings. Im also grateful to Bob Fiatal and the Ohio Peace Officer Training Commission (OPOTC) for taking on the task of comprehensively reviewing and revising the states basic peace officer training curriculum for the first time since the mid-1960s. The environment in which peace officers perform their duties today is substantially different than it was in 1966 when Ohio first implemented a standard training approach for law enforcement. Were working to ensure that the substance of the training parallels the progress in law enforcement practices because it directly affects the safety of our families and the lives of our officers. The way we are working to revise the peace officer basic training curriculum is significant.
We surveyed several thousand law enforcement leaders, officers, and basic training graduates regarding what skills and practices should be included in the instruction. We are listening to the people we serve, and the final product will reflect much of their input. I invite your continued feedback on the offerings and work of the Ohio Peace Officer Training Academy. Please let us know how we can serve you better whether it be through the types of courses we offer and where we offer them or through our other work on curricula, certification, or other issues. To share your input, contact Bob Fiatal at Robert.Fiatal@OhioAttorneyGeneral.gov or 740-845-2757. Very respectfully yours,
By Alexandra Schimmer
In J.D.B. v. North Carolina, the U.S. Supreme Court ruled in June that a childs age is relevant to the Miranda custody analysis. Police removed 13-year-old J.D.B. from his classroom and questioned him about items stolen in two home invasions. Without administering Miranda warnings, and with the door closed, the investigator questioned him for 30 to 45 minutes. Initially, J.D.B. denied any wrongdoing, but eventually asked if he would still be in trouble if he returned the stuff. The investigator explained that this would help, but that the matter was going to court regardless. The investigator then explained the process of juvenile detention. At that point, J.D.B. admitted that he and a friend had committed the breakins. Only then did the investigator tell J.D.B. that he could refuse to answer questions and was free to leave. J.D.B. said he understood and repeated his confession in writing. J.D.B. later was charged in juvenile proceedings, during which he moved to suppress his statements. He argued he had been interrogated in a
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custodial setting without Miranda warnings and that the statements were involuntary. The state courts refused to suppress the statements and declined to find J.D.B.s age relevant in assessing whether he was in police custody for Miranda purposes. The U.S. Supreme Court disagreed, concluding that a childs age would affect how a reasonable person in the suspects position would perceive his or her freedom to leave. A reasonable child subjected to police questioning will sometimes feel pressured to submit when a reasonable adult would feel free to go, the Supreme Court said. We think it clear that courts can account for that reality without doing any damage to the objective nature of the custody analysis. The justices reversed the lower courts ruling and remanded the case, directing the state courts to reassess whether J.D.B. was in custody, now taking his age into account. Alexandra Schimmer is Ohios solicitor general and heads the Attorney Generals Appeals Section.
Attorney General Mike deWine and former Attorneys General Betty Montgomery and Nancy Rogers attended BCIs 90th anniversary celebration in September.
CRIMInAL JUSTICE
UPdATe
Criminal Justice Update typically is published four times a year by the Ohio Attorney Generals Office for members of Ohios criminal justice community. To share story ideas or alert us to address changes, contact Editor Mary Alice Casey at 614-728-5417 or Mary.Alice.Casey@OhioAttorneyGeneral.gov. Volume 3, Issue 3 Fall 2011 Copyright 2011 by Ohio Attorney Generals Office 30 E. Broad St., 17th Floor Columbus, OH 43215 www.OhioAttorneyGeneral.gov/ CriminalJusticeUpdate
COST BOX InFO HERE PLEASE (LOWERCASE THOUGH)
We can provide another voice in the case to help clarify the issues and to help the court see the overarching themes of a case and understand the basic principles underlying an area of law, said Schimmer, who has been with the office since February 2009 and was named solicitor general in March. One very important principle in criminal law is consistency; thats part of what makes the law fair and just, she added. Because our office has a perch to see how issues play out across the state, we can be a voice of consistency. The Attorney Generals Office argues dozens of cases each year before high courts the Ohio and U.S. Supreme Courts and the U.S. Court of Appeals for the Sixth Circuit and its attorneys can provide valuable support for county prosecutors offices. Because an appeal at this level means more than preserving or reversing a single judgment, the court will want to know how the principle of law will play out in a broader way, Schimmer said. We try to help present that bigger picture. The offices moot courts bring together attorneys from Appeals and other sections who read prosecutors briefs in advance, listen to their arguments, and pepper them with questions just as justices might. The experience of vocalizing your arguments is very different from writing them down or rehearsing them in your head, Schimmer said. Its very good to stand up and practice that. Moot courts are incredibly useful for helping an attorney answer questions with precision and conditioning his or her brain to the speed of questions that come from a panel of seven justices. For Jarrett, the opportunity was invaluable. I had access to eight people who read the briefs, understood the issues, and asked difficult questions about the case, she said. Its really tremendous that theyre willing to set aside time to do that. For assistance: To request the Appeals Sections assistance with an Ohio Supreme Court case in the form of a moot court, contact Kim Blankenship of the Appeals Section at Kimberly. Blankenship@OhioAttorneyGeneral.gov or 614-728-7510.
File photo Lucas County Assistant Prosecutor evy Jarrett runs through her arguments in State v. Barker during a moot court at the Attorney Generals Office earlier this year.
The Bureau of Criminal Investigation (BCI) marked its 90th anniversary in September. Here is a look at some of its milestones.
Sept. 6, 1921 The Bureau of Criminal Identification begins operating within the Department of Public Welfare to provide identification services to law enforcement throughout the state. 1949 BCI conducts its first polygraph exam. In the years since, examiners have administered 63,233 tests.
1959 BCI becomes the Bureau of Criminal Identification and Investigation to reflect its new Investigations Division. 1963 The Ohio Attorney Generals Office assumes oversight of BCI. 1972 BCI begins computerizing criminal histories.
Q&A
the state medical and pharmacy boards, the Drug Enforcement Administration, the U.S. Attorneys Office, and law enforcement to coordinate efforts on the overall opiate problem. For example, the Bureau of Criminal Investigation (BCI), Special Prosecutions Unit, and Ohio Organized Crime Investigations Commission are coordinating with local, state, and federal agencies on 17 investigations involving opiates. Haslam has been designated as a special assistant U.S. attorney to prosecute opiate cases. In other developments: The Attorney Generals Office scheduled a multistate law enforcement summit on prescription drug abuse at this years Law Enforcement Conference. The Ohio Police Officer Training Academy offers free trainings on prescription drug diversion throughout the state and online through eOPOTA. The Attorney Generals Office has created an internal working group and external advisory council on prescription drug abuse. The latter includes peace officers, judges, educators, health care experts, and prevention and poison control professionals. Ohio is working with other states to share prescription drug monitoring information. Pilot projects are in place with Kentucky and Indiana. As many as 30 states may participate by 2012. In addition to addressing the opiate problem, the Attorney Generals Office worked to include language on analog drugs and so-called bath salts in a new law that took effect July 15. Originally drafted to ban synthetic cannabinoids, the law was broadened to list derivatives of cathinone, the active ingredient in bath salts, and analog drugs as Schedule I controlled substances. Former BCI forensic chemist Erin Reed, now an assistant attorney general, has researched analog drugs and advocated action to restrict them. The law was needed, she said, to prosecute underground chemists who were avoiding prosecution simply by slightly altering the chemical structure of controlled substances.
1994 Ohio establishes an Automated Fingerprint Identification System (AFIS), enabling the computerization of criminal fingerprint cards.
1998 BCI provides DnA analysis for the first time, meaning DnA evidence can be presented in criminal prosecutions. The Commission on Accreditation for Law Enforcement Agencies accredits BCI.
1999 BCIs current headquarters opens in London. The $20.3 million, state-ofthe-art facility is three times the size of the former accommodations.
2002 The American Society of Crime Laboratory Directors/Laboratory Accreditation Board accredits BCIs Laboratory Division. 2011 A new law requires DnA to be collected from all felony arrestees. BCI establishes an Athens office to enhance polygraph and evidence intake services.
2001 Ohio connects to the national CODIS network. The state has its first CODIS hit when DnA from a Warren County rape case is entered into the database and it matches that of an offender earlier convicted of aggravated burglary.
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TRAINING OPPORTUNITIES
Ohio Peace Officer Training Academy Courses
The following courses are available free. To register, visit www.OhioAttorneyGeneral. gov/OPOTARegistration. Visit www.Ohio AttorneyGeneral.gov/OPOTACourses for information on additional trainings or www. OHLEG.org for online training options. Investigations of Public Safety Vehicle Collisions Covers best practices in handling public safety vehicle collision investigations. A course on ethics coincides with it at the same locations. OPOTA Course 03-663-11-02 nov. 10, 13 p.m. Owens Community College, Perrysburg OPOTA Course 03-663-11-03 Dec. 7, 13 p.m. Cincinnati Police Academy Awareness of Distressed Combat Veteran Issues and Response Provides awareness of issues confronting distressed combat veterans, including posttraumatic stress disorder, traumatic brain injury, and best de-escalation practices Tactical and Legal Considerations for Vehicle Stops and Approaches Covers best tactical and legal protocols to apply during vehicle stops, including dangerous stops, Terry v. Ohio, and other Fourth Amendment considerations OPOTA Course 05-492-11-01 Oct. 24, 8 a.m.noon Creekside Conference Center, Gahanna OPOTA Course 05-492-11-02 nov. 7, 8 a.m.noon Cincinnati Police Academy OPOTA Course 05-492-11-03 nov. 30, 8 a.m.noon The University of Toledo Scott Park Campus Range Medical Emergencies and the Firearms Instructor Addresses legal issues, required medical equipment, anaphylactic shock, heat disorders, gunshot injuries, impaled objects, and controlling bleeding OPOTA Course 06-469-11-03 nov. 2, 10 a.m.2 p.m. Cincinnati Police Academy OPOTA Course 06-469-11-04 nov. 21, 10 a.m.2 p.m. Greene County Career Center, Xenia Ethics This course advises law enforcement officers how to resolve ethical issues encountered while performing their duties. A course on investigating public safety vehicle collisions coincides with it at the same locations. OPOTA Course 02-194-11-02 nov. 10, 9 a.m.noon Owens Community College, Perrysburg OPOTA Course 02-194-11-03 Dec. 7, 9 a.m.noon Cincinnati Police Academy
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OPOTA Course 02-197-11-01 nov. 14, 9 a.m.1 p.m. Creekside Conference Center, Gahanna OPOTA Course 52-197-11-01 nov. 28, 9 a.m.1 p.m. OPOTA Richfield First Responder to Sexual Assault Covers interacting with sexual assault nurse examiners and victim advocates, conducting victim interviews, processing crime scenes and suspect kits, and using BCIs CHASE system OPOTA Course 53-550-11-02 nov. 18, 9 a.m.3 p.m. OPOTA Richfield Interacting with the Special Needs Population A one-day refresher course for law enforcement professionals dealing with special populations encounters OPOTA Course 52-193-11-01 nov. 22, 8 a.m.4 p.m. OPOTA Richfield Implementing Intelligence-Led Policing Covers hiring, selecting, and training criminal analysts; functions of the criminal analyst and interaction with police command; and useful crime analysis tools and software OPOTA Course 51-499-11-01 Dec. 12, 8 a.m.5 p.m. OPOTA Richfield FBI Street Survival Training Emphasizes a study examining 40 incidents in which peace officers survived life-threatening attacks and identifies training issues Dec. 6, 8 a.m.5 p.m. (Course 55-426-11-01) Dec. 7, 8 a.m.5 p.m. (Course 55-426-11-02) OPOTA Richfield
COVER STORY
women on the ground who are risking their lives every day to protect our families. Bringing these courses directly into the communities and directly to the people is the future of law enforcement training. Times have changed, and we want to be flexible and adaptable to meet current and future needs of law enforcement. A wide array of courses also is available at the London and Richfield OPOTA campuses. And when traveling to regional trainings or OPOTA campuses isnt an option, online courses
through eOPOTA are a good (and popular) alternative. The lineup of courses all available 24/7 at no cost to local agencies has more than doubled in recent years, now totaling more than 60. All courses are listed in OPOTAs online catalog at www.OhioAttorneyGeneral.gov/ OPOTACourses. To receive e-mail alerts about OPOTAs regional offerings, share your e-mail and other contact information at www. OhioAttorneyGeneral.gov/OPOTAUpdate.
Officer Training Commission that oversees it. OPOTA also works to keep the content of regional trainings relevant to a broad law enforcement audience, currently covering such topics as prescription drug abuse, tactical and legal considerations in traffic stops, awareness of distressed combat veteran issues, and basic crime scene investigation. In addition to OPOTA instructors, the faculty includes law enforcement professionals, higher education instructors, medical personnel, and others who regularly practice what they teach. As DeWine says, We are here to serve law enforcement. This is about customer service. This is about meeting the current needs of the men and
In addition to its role in overseeing advanced peace officer training, the Ohio Peace Officer Training Commission (OPOTC) sets the curricula for basic peace officer training as well as that of parole, probation, and corrections officers; jailers; bailiffs; private security officers; and humane agents. In a major undertaking that hasnt been tackled in 45 years, the OPOTC staff, with input from law enforcement from across the state, is conducting the first comprehensive review and revision of the states basic peace officer training curriculum. Since its implementation in 1966, Ohios standard approach to training new peace officers has grown from 120 hours originally to 582 hours today. While OPOTC added topics and incorporated changes through the years, until now it has not conducted an in-depth evaluation and update of the curriculum. The curriculum is taught in about 65 academies that law enforcement agencies, higher education institutions, and
adult education/vocational schools operate around the state. OPOTC staff is working with subject matter experts, conducting research, and incorporating instructional techniques to update the curriculums 109 lesson plans. The 32 revised so far were released this spring for implementation in academies statewide July 1. Those lesson plans received priority attention because they focus on tasks affecting officer safety or liability issues. The commission has made important additions and changes to the curriculum through the years, but this type of thorough review is long overdue, Attorney General Mike DeWine said. Research has led to huge advancements in law enforcement practices, and we want Ohios method of training new peace officers to reflect them. Put simply, public safety and officers lives depend on it.
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BCI Special Agent Mark ellinwood poses with Agi, a 2-year-old dutch shepherd and one of four dogs the bureau uses for drug detection. To arrange for canine assistance from BCI, call 855-BCI-OHIO (855224-6446).