defensive tactics for code enforcement · 2018-04-02 · defensive tactics for code enforcement 3...

DEFENSIVE TACTICS FOR CODE ENFORCEMENT 1

Defensive Tactics For Code Defensive Tactics For Code Enforcement Enforcement

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Raul Raya

Class outlineClass outline

Lecture approximately fifty minutes Legal aspects Liability

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Fatal mistakes Pepper Spray Fundamentals Practical Approximately One hour Self defense techniques. Q&A

Introduction Introduction This class was designed for plain clothes or

uniformed Code Enforcement officers, inspectors that conduct their job making contact with the public.

This program might not make you a martial arts t b t it ill i fid d h l

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expert, but it will give you confidence and help you become aware of the dangers signs while contacting the public.

My motivation to teach this class comes because we share the same interest. As a Code Enforcement Officer I also deal with the compliant and the uncooperative. The good the bad and the ugly.


Things to knowThings to know

Your limitations Standards of the industry Going beyond the scope of your authority

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Policies and procedures Finding justification to act What and who gives you the authority to defend

yourself. liability

What Went WrongWhat Went Wrong

8/4/20115Can we prevent itCan we prevent it

Cynthia VolpeCynthia Volpe “Government employees should be treated like

street whores," screamed Robert Lezelle Courtney, as he beat thirty-eight-year-old Cynthia Volpe to a pulp. Courtney, a forty-seven-year-old millionaire and low-rent landlord, was enraged because environmental health

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was enraged because environmental health inspector Volpe had just declared one of his units in Bakersfield, California, uninhabitable.


As Volpe turned to get into her car, Courtney grabbed her hair, twisted her neck, slammed her against the car, and yanked her to the ground. "You ruin people's lives," Courtney screamed at her as she lay flat on her back trying to ward off his kicks and punches, "and

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I'm going to ruin yours." Volpe absorbed his blows for five minutes. Finally, knowing she could not win against his 230 pounds, she faked unconsciousness. Courtney left her on the pavement, her nose broken, her eyes swollen shut, her face a bloody pulp.

Two months later, Volpe took Courtney to court, Two months later, Volpe took Courtney to court, charging him with assault with a deadly weapon charging him with assault with a deadly weapon and assault with great bodily injury. She was and assault with great bodily injury. She was suing for $3 million. Courtney pleaded innocent. suing for $3 million. Courtney pleaded innocent. The court set him free on bail of $7,500. A spirited The court set him free on bail of $7,500. A spirited d f b C t ' l h i th td f b C t ' l h i th t

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defense by Courtney's lawyer charging that defense by Courtney's lawyer charging that Volpe, not Courtney, had started the fight Volpe, not Courtney, had started the fight deadlocked the jury. They would have to return to deadlocked the jury. They would have to return to court the next day to resume deliberations. Before court the next day to resume deliberations. Before court resumed, however, Courtney's guilt or court resumed, however, Courtney's guilt or innocence would be a moot point.innocence would be a moot point.

At dawn the next morning, a sheriff's dispatcher received a desperate 911 call from Cynthia Volpe. A man was inside her house, she said, shooting a gun. "Please hurry," she pleaded. Before deputies arrived, Courtney fatally shot Cynthia's husband, Kenneth Volpe, and her mother, Betty Reed. As Cynthia herself tried to crawl under the bed to hide Courtney shot her

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crawl under the bed to hide, Courtney shot her four times at point-blank range, killing her. Cynthia's children, Keith, fourteen, and Andrea, nine, had barricaded themselves in their bedrooms. Courtney either bypassed them by accident, was in a hurry to escape, or just did not give a damn. .


AURORA, Colo. -- A uniformed code enforcement officer shot multiple times during a routine inspection at an Aurora apartment complex died Thursday afternoon.R d M l 40 lki i t th

Code Enforcement Officer Killed During Routine Code Enforcement Officer Killed During Routine InspectionInspection

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Rodney Morales, 40, was walking into the Clinton Apartments at Montview Boulevard and Clinton Street, at about 1:40 p.m., when he was gunned down, police said.He was struck in the upper torso, Aurora Police Chief Dan Oates said.POSTED: 1:49 pm MST November 13, 2008

Kim Ngan Nguyen, Staff Writer

Bill Shaline, Jean Hillery Bill Shaline, Jean Hillery and and

Tom QuadrosTom Quadros Killed in the bloody incident were state inspector

Bill Shaline, 57, of Sacramento, and two U.S. Department of Agriculture compliance officers, Jean Hillery, 56, of Alameda, and Tom Quadros, 52 f H d

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52, of Hayward. In addition to three counts of murder, Alexander

(owner of The Sausage King in S.F.) is charged with attempted murder for allegedly trying to kill a fourth person, state inspector Earl Willis, who managed to escape unharmed after Alexander allegedly ran after him and shot at him.

Code Enforcement Officer Code Enforcement Officer Stabbed in Nanuet ClarkstownStabbed in Nanuet Clarkstown

– By STEVE LIEBERMAN AND AKIKO MATSUDATHE JOURNAL NEWS

(Original publication: April 17, 2007)

NANUET - A Clarkstown code enforcement officer was stabbed several

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times this afternoon on Jerrys Avenue while taking pictures of a possible code violation, police said.Russell Trojan, 51, was arrested in about 2:30 p.m. the stabbing of Clarkstown Code Enforcement Officer Jeffrey Meara.Clarkstown police Detective Gerry King said when Meara was taking pictures of the property for possible violations in front of the house at 12 Jerrys Ave., Trojan came out from the home and attacked him with a steak knife.Meara, stabbed in the chest and hands, was taken to Nyack Hospital by the Nanuet Ambulance Corps, Sgt. Harry Baumann said.


Michel Walker Commerce TexasMichel Walker Commerce Texas A Commerce city code enforcement officer was gunned down

outside a residence in the 1500 block of Caddo Street Monday while performing his duties.

Michael Walker was taking pictures of a house on Caddo Street for city code violations, when the homeowner's 22-year-old son confronted him and things turned violent. Michael got in his car and backed away, and a co-worker happened to call him on his cell phone.

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Michael's last words to him: "I need an officer," Stephen Wilson, the city's chief building inspector, said.

"During the confrontation, the son went back in the house and retrieved a pistol. He came back out and started firing on the code enforcement officer," Chief Kerry Crews, of the Commerce Police Department, said.

Ralph Ward, the father of suspect Adam, said that his son is bipolar and had just lost his job, among other things that just sent him over the edge

Commerce Code Officer Killed By Jay Strickland/Greenville Herald-Banner Staff Tuesday, June 14, 2005 12:57 AM CD

Don’t be a victimDon’t be a victim

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Cause for Injuries or Cause for Injuries or Fatal Mistakes Fatal Mistakes

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Poor and Bad TrainingPoor and Bad Training

Very little training or no training at all Failure to continue the training Supervisors are not aware of dangers of the environment

where you work.

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yThey are great putting out fires over the phone you and I need to have good demeanor and excellent verbal skills with tons of common sense.

Lack of a planLack of a plan

What to do in an emergency situation Cell Phone Programmed

Two way radio

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Pepper spray

Good running shoes

Know where you are and be Aware of surroundings

CarelessnessCarelessness

– Complacent behavior

– Or just being plain lazy

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j g p y


OverconfidenceOverconfidence

– “It will never happen to me”

– Difference between confident and over

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confidence

– Too much pride to ask for help.

Its Okay to WinIts Okay to Win

“GET BACK”“GET BACK”

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AT THE END OF YOUR SHIFTAT THE END OF YOUR SHIFT

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LIFE CONTINUESLIFE CONTINUES


GOT YA!GOT YA!

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What is in the canisterWhat is in the canister

Active Ingredient: Oleoresin Capsicum Solvent-Carrier: Isopropyl Alcohol or Water Propellant: A-70 ISO Butane-Propane Ultra Violet Dye: Blankophor-sol (Fabric

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y p (whitener

Sensitive to weather

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OLEORESIN CAPSICUMOLEORESIN CAPSICUM

Pepper Spray Inflammatory Agent Physical symptoms

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Physical symptoms

Brief HistoryBrief History Used by Chinese Used by Japanese “Metsubushi” Metsubushi ) - "eye closers", the name for variety of

techniques used to temporarily or permanently blind or disorient an opponent. Ninja would use these for self-defense or to facilitate their escape. Later, they were also used by police who would direct the metsubushi into a

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used by police, who would direct the metsubushi into a target's face to disable and facilitate capture.

One type of metsubushi was a powder made up of ashes, ground-up pepper, mud, flour, and dirt. For severe damage, it could also include fine-ground glass or salt. It was kept in hollowed-out eggs (happō), bamboo tubes or other small containers. When confronted by an attacker, a person would throw the metsubushi in the attacker's eyes, blinding him, while the victim ran off or hid himself.1 This practice is thought to have brought about tales of ninja disappearing in a puff of smoke.

History in Law Enforcement History in Law Enforcement

Defensive Sprays– CN- Chloro-Acto-Phenone “Mace”– Mace is a tear gas in the form of an aerosol spray

which propels a lachrymatory agent mixed with a volatile solvent It is sometimes used as a self defense

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volatile solvent. It is sometimes used as a self-defensedevice. This form of Mace is legal in very few countries, thus its use is becoming uncommon.

– Developed by Germans in 1870– Adopted in US by police Agencies –1965

It was investigated, but not used, during the First and Second World Wars. Because of its greater toxicity, it has largely been supplanted by CS gas.

–


Like CS gas, this compound irritates the Like CS gas, this compound irritates the mucous mucous membranesmembranes (oral, nasal, (oral, nasal, conjunctivalconjunctival and and tracheobronchialtracheobronchial). Sometimes it can give rise to ). Sometimes it can give rise to more generalized reactions such as more generalized reactions such as syncopesyncope, , temporary loss of balance and orientation. More temporary loss of balance and orientation. More

l t i it ti tb k h bl t i it ti tb k h b

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rarely, cutaneous irritating outbreaks have been rarely, cutaneous irritating outbreaks have been observed and allergic contact permanent observed and allergic contact permanent dermatitisdermatitis..At high concentrations CN has caused At high concentrations CN has caused corneal corneal epithelialepithelial damage and damage and chemosischemosis. It has also . It has also accounted for at least five deaths, which have accounted for at least five deaths, which have resulted from resulted from pulmonary injurypulmonary injury and/or and/or asphyxiaasphyxia..22

CSCS--ORTHOORTHO--CHLOROCHLORO--BENZALBENZAL--MALONOMALONO--NITRILE NITRILE First prepared in 1928 by American

Chemist. Ben Corson and Roger Stoughton 10 times stronger than CN

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g Irritation of Respiratory System Diaphragm constriction- Direct nerve stimulation Decontamination-use alkaline solution

PEPPER SPRAYPEPPER SPRAY Pepper spray, also known as OC spray (from "Oleoresin

Capsicum"), OC gas, and capsicum spray, is a lachrymatory agent(a chemical compound that irritates the eyes to cause tears, pain, and even temporary blindness) that is used in riot control, crowd control, and personal self-defence, including defence against dogs and bears.

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Its inflammatory effects cause the eyes to close, taking away vision. This temporary blindness allows officers to more easily restrain subjects and permits persons using pepper spray for self-defense an opportunity to escape.Although considered a non-lethal agent, it may be deadly in rare cases, and concerns have been raised about a number of deaths where being pepper sprayed may have been a contributing factor


In use since 1975- US Postal Letter Carriers _ “Halt”

1989 FBI-Study conducted by firearms

OLEORESIN CAPSICUM OLEORESIN CAPSICUM

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y ytraining unit

NOZZLENOZZLE--SPRAY PATTERN SPRAY PATTERN

STREAM or PIN Max. range 10’ More resistant to weather

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More resistant to weather Mist or Modified Mist (small circle) Max. range- 6”

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Air (ventilation) water and time Approach cautiously- use cover officer Latex gloves Handcuff

MedicalMedical--First AidFirst Aid

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Handcuff Use voice to calm Move outdoors, use water hose Encourage victim to talk and breathe- tell subject to

‘burp’ Have suspect flush eyes using water or saline

Air water and timeAir water and time

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Force eyes to openForce eyes to open

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Medical First Aid continueMedical First Aid continue

Use Towel with water or baby wipes Ice cubes, non-oil based soap (Ivory). Check or ask if suspect was/is wearing

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Check or ask if suspect was/is wearing contact lens.

Eyes appear red, lips and nostrils burning sensation.

Skin may appear red W h h d

AFTER MATHAFTER MATH

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Wash your hands DO NOT withhold medical attention from

the suspect whether requested or not if the suspect looks in need of such attention.

Remember! Once the suspect is sprayed, he is your responsibility.


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LIABILITYLIABILITY

Administrative ActionAdministrative Action

Through an Internal Departmental investigation

Written Reprimand

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p Suspension Demotion Dismissal

Days on the beachDays on the beach

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Criminal LiabilityCriminal Liability

Criminal charges on the state level using force without just cause.

Jail

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Prison Restitution/fine

I'm innocent, I know the law!I'm innocent, I know the law!

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Federal LiabilityFederal Liability

Violation of the civil Rights Act can result in Federal Charges

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Civil LiabilityCivil Liability

Punitive What you have to pay your agency cannot be paid

by your agency

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Vicarious– Supervisors responsibility

– Settlement $$$$$$$$

8/4/201147My life savings all gone My life savings all gone

REMEMBERREMEMBER

An officer actions are based on legality Accept your Defensive Role as Code

Officer.

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Pain must have direction Control techniques with a purpose APPLY ONLY THAT AMOUNT OF

FORCE TO CONTROL AND TO STAY SAFE


844 Arrest Defined844 Arrest Defined

An arrest is taking a person into custody, in a case and in the manner authorized by law An arrest may be made by a peace

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law. An arrest may be made by a peace officer or by a private person.

837 Private Person Arrest837 Private Person Arrest

A private person may arrest another: 837 Private person Arrest Defined

1. For a public offense committed or attempted i hi

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in his presence.2. When the person arrested has committed a felony, although not in his presence.3. When a felony has been in fact committed, and he has reasonable caused for believing the person arrested to have committed it.

841 Informing841 Informing

841. Inform the person they are under arrestthe person making the arrest must inform the person to be arrested of the Intention to arrest him of the cause of the arrest and the authority

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him of the cause of the arrest, and the authority to make it except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission, or after an escape.The person making the arrest must , on request of


847. Delivery of prisoner after 847. Delivery of prisoner after arrest.arrest. A private person who has arrested another

for the commission of a public offense must, without unnecessary delay, take the

d b f i

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person arrested before a magistrate, or deliver him or her to a peace officer.

849.b Taking arrestee before 849.b Taking arrestee before magistrate or releasing…magistrate or releasing… Any peace officer may release from

custody, instead of taking such person before a magistrate, any person arrested

i h h

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without a warrant whenever:– 1. Insufficient grounds for making a criminal

complaint

– For intoxication only

– Person is delivered to a facility or hospital

142. Peace officer refusing to 142. Peace officer refusing to receive arrestreceive arrest Any peace officer who has the authority to

receive or arrest a person charged with a criminal offense and willfully refuses to

i h h ll b

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receive or arrest such person shall be punished by a fine not exceeding $10,000, or by imprisonment in the state prison, or in a county jail not exceeding one year, or both.


240. Assault240. Assault

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

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242 Battery242 Battery

A battery is any willful and unlawful use of force or violence upon the person of another.

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692 Lawful resistance692 Lawful resistance

Lawful resistance to the commission of a public offense may be made:– 1. By the party about to be injured.

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– 2. By other parties.


693 Lawful resistance, by the 693 Lawful resistance, by the partyparty Resistance sufficient to prevent the offense

may be made by the party about to be injured.

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– 1. To prevent an offense against this person, or family, or some member thereof.

– 2. To prevent an illegal attempt by force to take or injure property in his lawful possession.

Lawful resistance by othersLawful resistance by others

Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.

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ReviewReview

Safety education liability

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liability justification


Where to Get More InformationWhere to Get More Information

Other training sessions Martial Arts schools Criminal Justice Centers

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Criminal Justice Centers

defensive tactics for code enforcement · 2018-04-02 · defensive tactics for code enforcement 3...

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