Law Enforcement Academy News
In Honor of the sixth anniversary of 9/11 as we remember those fallen heroes, I want to pay tribute to the recent fallen officers in New Mexico. On June 13, 2007 New Mexico State Police Officer Christopher Mirabal gave his life while serving and protecting the citizens of New Mexico. While patrolling in Alamogordo, Officer Mirabal tragically lost control of his motorcycle and was killed. Officer Mirabal graduated from the 60th NMSP Recruit School on December 11, 1998 and had been a member of the NMSP Motorcycle Unit since July of 2004. Officer Mirabal is survived by his wife Nicole, his daughter Kennedie (age 9) and his son, Nathan (age 4). Rio Rancho Police Officer Germaine Casey gave his life in the line of duty on August 27, 2007. Officer Germaine Casey was escorting the Presidential motorcade when he tragically lost control of his motorcycle and was killed. Officer Casey graduated from the Basic Police Officer Training Class #162nd on October 17, 2003. Prior to joining the Rio Rancho Department of Public Safety in August of 2005 Officer Casey worked for the University of New Mexico Police Department. Officer Casey loved riding his motorcycle and playing baseball. He is survived by his wife Lisa, his daughter Melissa (age 17) and his son, Mitchell (age 14). As I witnessed the number of people who had come to pay their respect to these fallen officers I was proud I had chosen a career in law enforcement. During the processions to the cemeteries I observed people kneeling along the route with their hand held over their chest, some saluting and others holding signs that said, “Thank you for your service” and “God Bless You”. Across the entrance to the cemetery in Alamogordo many veterans stood at attention holding the American flag and saluting the hearse as it passed. In Albuquerque going south on I25 I could see numerous firefighters standing on the Paseo Del Norte overpass holding an America flag and saluting as the funeral procession went underneath the overpass. Hearing the “last call” of these officers going 10-7 is something most will never forget. These moments were very inspirational and made me proud to be associated with such honorable men. In honoring the profession and these fallen officers we must all take a strong stand against officer misconduct. As leaders in law enforcement we cannot condone or tolerate any type of officer misconduct. Over the past six years the Director’s office averaged 46 misconduct cases a year. This year there have been 72 misconduct reports to date. This number is alarmingly high and, in my opinion, is a cancer on our profession. Officer misconduct tarnishes the badge and is a discredit to our profession and to the officers that gave their lives. Please remember as law enforcement officers we are held to a higher standard and we need to ensure all officers display professionalism and integrity at all times. Being a law enforcement officer is an honorable profession. It is also an extremely dangerous one. Please be careful out there and keep a watch on your fellow officers. I want to personally thank all the law enforcement officers around the state for choosing to protect and serve the citizens of New Mexico. Stay safe and God’s speed.
State of New Mexico
Volume 1, Issue 1 September 1, 2007
New Mexico Law Enforcement Academy Director Arthur Ortiz
Inside this issue: Deputy Director’s Office 2
Basic Training Bureau
2
CIRT Training Bureau
3
Advance Training Bureau 2006 - 2007 Biennium Training Cycle Law Enforcement Community Announcements Agency Feedback
3
3
4
4
New Mexico Law Enforcement Academy Board Members: Chairperson: Attorney General Gary King Line Officer Representative Sergeant Jeff Remington Municipal Police Chief Representative Chief Raymond Schultz Citizen at Large Representatives Bernardo M. Perez And Robert D. Force State Police Representative Chief Faron W. Segotta
3rd Quarter Registry Reporting 2007
On July 17, 2007, the 3rd Quarter Police Officer Registry was mailed out. It is important that we ensure accurate information is maintained in our office. If you have not submitted your registry to our office please get that to us as soon as possible. The following is a list of agencies that have not submitted the registry:
Sheriff Representative Sheriff John Paul Trujillo Tribal Chief Representative Chief Val Panteah Jr. District Attorney Representative Donald Gallegos
Members of the United States Secret Service Honor Guard at the Funeral Service in Honor of Rio Rancho Police Officer Germaine Casey.
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Law Enforcement Academy News
LEA-11: Employment History LEA-12: Applicant Affidavit of United States Citizenship LEA-13: Status Verification Form (Certification by Waiver of Previous Training) LEA-14: Police Physical Fitness/ Wellness Verification LEA-BPOT Checklist: Police Officer Training Paperwork LEA-PST Checklist: Police Radio Dispatcher Training Paperwork LEA-CBW Checklist: Police Certification by Waiver Training Paperwork LEA-1: Basic Training and Recertification Request LEA-2: Police Officer Employment Verification LEA-3: Medical Report LEA-EV - Vision Accommodation Request LEA-CV - Color Vision Accommodation Request LEA-EH - Hearing Accommodation Request LEA-3A: Telecommunicator Audiology Form LEA-4: Psychological Examination LEA-5: Fingerprint Affidavit LEA-6: Applicant Affidavit LEA-7: Police Radio Dispatcher Mental, Physical, Emotional Certification LEA-8: Waiver of Liability LEA-9: Release of Information LEA-10: Police Radio Dispatcher Employment Verification LEA-42: Advanced Training and Critical Incident Response Training Application LEA-62: Video Training Roster LEA-65: Instructor Certification Application LEA-82: Agency Employment Action LEA-82A: Firearms Training/ReQualification Reporting LEA-82B: Change of Mailing Address Request LEA-83: Annual Firearm Qualifications Report LEA-84: Biennium In-Service Training Report LEA-85: Continuation of Certification – Annual Firearm Training Report LEA-85A: Continuation of Service Law Enforcement Officer In-service Training Report LEA-85B: Continuation of Service Telecommunicator In-service Training Report LEA-86: Request for Course Accreditation LEA-86A: Course Attendance Roster LEA-86B: Request for Conference Certification LEA-88: Advanced Certification Application (2 pages) LEA-90: Officer Misconduct ReportLEA-91: Facility Reservation Request
Deputy Director Gilbert Najar
Forms Orientation and Training With the recent update of all DPS Forms, we have begun a series of training and orientation sessions on the proper completion and submission of all DPS forms. We will attempt to conduct the training sessions so that they will be concurrent with upcoming NMLEA Board meetings. We will also schedule these training sessions regionally throughout the year beginning July, 2007 and into 2008. Note: Effective July1, 2007 all due dates for approvals, forms, and reporting deadlines will be strictly adhered to. Individuals that are responsible for processing and submitting any DPS form should attend this training including staff support in the following areas: Basic and CBW Academy administrative support staff. Academy approvals requests, Academy Schedule, Instructor list, Curriculum List, All Applicant Admission forms and corresponding deadlines and due dates will be covered. Public Safety Telecommunicator (PST) administrative support staff. Academy approvals requests, Academy Schedule, Instructor list, Curriculum List, All Applicant Admission forms and corresponding deadlines and due dates will be covered. In-service Training administrative support staff. Individuals that process or submit to DPS training requests, training rosters, annual firearms qualification scores and biennium training should attend. Recruiting and Personnel Selection support staff. All forms in the application packet for CBW, Basic and PST academies will be covered along with corresponding deadlines and due dates will be covered. Personnel administrative support staff. Individuals that process the hiring, or separation of officers and telecommunicators, or submit quarterly registry, or misconduct report should attend. Miscellaneous Forms. Individuals that are involved in the submission of instructor certifica-
tion, course accreditation, advanced level certification, and rental/use of classrooms or facility, should attend. All of the following forms will be covered during this training.
Basic Bureau Chief Mark Shea
The Basic Training Bureau has lost one of our staff. Tammy Estrada the Bureau’s secretary has left to finish her degree in Nursing. She will be missed. Tammy held the Bureau together, processing cadet applications and working closely with agencies to insure the necessary paperwork was completed in order for applicants to be accepted into an academy class. Also, Tammy was instrumental in tracking paperwork throughout the academy class and processing the paperwork to certify academy graduates. The Bureau will be holding two Basic Police Officer Training courses in 2008. The dates are: BPOT #175 02-17-08 to 07-02-08 with the final assessment for acceptance into the class on 02-05-08. BPOT #176 -7-13-08 to 12-12-08 with the final assessment for acceptance on 06-30-08. Please check the Basic Training Bureau page on Academy website frequently for any changes and additional information. We encourage prospective cadets to take advantage of our monthly pre-assessments held on the first Tuesday of each month. Even though the times are adjusted, it’s different running at 7000 ft. in Santa Fe. Attending a pre-assessment allows the applicant to run through the testing just as they will do so at the mandatory final assessment. We usually have 20-30% fail the final assessment due primarily to sit-ups and the 1½ mile run. Applicants expecting to pass on a one time effort almost always fail. Agencies are encouraged to test their applicants before attending assessment. Congratulations to BPOT # 173! The following is a list of Certified Police Officers who successfully completed BPOT 173. They are as follows: Curtis L. Espinoza Paul A. Garcia Robert S. Martinez Jose F. Miera Clayton Moore Jessie J. Nieto Cody Roberts Kenneth J. Stumberg Pedro Villarreal Edward T. Von Kutzleben
Volume 1, Issue 1
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Critical Incident Response Training Bureau Chief Mark Christopher
Gene Varela, Staff Instructor and program manager for the Public Safety Telecommunicator training program is leaving the LEA to take over training activities for the Santa Fe Regional Communications Center, effective September 1, 2007. Gene had been an employee of the Department of Public Safety since 2000, beginning in the Records Bureau with most of his last three years as an instructor in the Critical Incident Response Training Bureau. Gene is a well respected member of the LEA staff and the state’s dispatch community. Although he will be greatly missed, he will continue to work closely with us through the local community he will represent and as the incoming President of the state chapter of the Association of Public Safety Communications Officers (APCO). We know Gene will be hard to replace but we wish him well and look forward to working with him in his new position. Good Luck!
10.29.7.9 2006 - 2007 Biennium Training Cycle for Telecommunicators
The 2006—2007 Biennium Training Reporting Requirement is fast approaching. Just a reminder of the requirements: 8 hours of maintenance training/education. Minimum of 8 hours required for advanced and specialized training/ education. Minimum of 4 hours in the areas of cultural awareness, stress/anger management, domestic violence, critical incident response, ethics, suicide call handling, violence in the work place, legal update and amber alert.
Congratulations to PST Class # 102 who graduated on May 11, 2007 and Bernalillo County Sheriff’s Department Class # 4 who graduated on May 25, 2007!
Advance Training Bureau Chief Scott Blackledge
Upcoming Training Courses: October 2007 Hate Crimes & Racial Profiling Legal Update & Hate Crimes November 2007 Use of Force Search Warrants # Affidavits Firearms Instructor Rifle Basic Geographic Profiling Analysis 40 hr. Maintenance of Effort/ Mandate Biennial Training Check our Website for Updates! The Advanced Training Bureau is currently working in conjunction with the New Mexico Children, Youth and Families Department to develop guidelines and training for Ensuring Child Safety Upon Arrest of a parent or guardian. Under this law, which went into effect July 1st, 2007, law enforcement officers are required to: 1. 2. 3. Inquire whether arrestees have minor or dependent children who may be present or at another location at the time of the arrest; Arrange for proper temporary care for affected children to ensure their safety and well-being; Attend training on how the effects of witnessing a violent crime or other event causes emotional harm to children and how law enforcement can assist in mitigating the long-term effects of the trauma.
10.29.7.8
2006 - 2007 Biennium Training Requirement for Law Enforcement Officers
The 2006—2007 Biennium Training Reporting Requirement is fast approaching. Just a reminder of the requirements: A minimum of 20 hours of maintenance training/education. 4 hours safe pursuit procedures. 1 hour domestic abuse incident training.. 2 hours in the detection, investigation, and reporting of a crime motivated by hate. 8 hours in NHTSA approved standardized sobriety testing protocols. Remaining 16 hours may include firearms, first aid, defensive tactics, driving, and DWI measuring devices or other areas where periodic maintenance is measured and/or tested. 20 hours advanced and specialized training/education.
State of New Mexico
RISE IN OFFICER MISCONDUCT CASES IN NEW MEXICO In 2005, 53 misconduct cases were presented to the Law Enforcement Academy Board and in 2006 there were 57 cases presented to the LEAB. The average for the past six years has been 46 misconduct cases that were reported. In 2007, we have received 72 misconduct cases to date and we have presented 87 cases to the Board (after the September 13th Board Meeting). The cases reported this year consist of the following:
Department of Public Safety Aggravated Battery 6 1 11 5 5 6 3 2 False Reporting Fraud Homicide Miscellaneous Sexual Misconduct Theft Vehicular Homicide 2 7 2 10 7 4 1
New Mexico Law Enforcement Academy 4491 Cerrillos Road Santa Fe, New Mexico 87507 Phone: 505-827-9251 Fax: 505-827-9251
To the NM Law Enforcement Community Members: In this section, we would like to highlight your agency accomplishments. If you have officers who have been recently honored or retired, we would like to post those accomplishments on our newsletter. You may also forward comments or suggestions to our office as well by email to Suzanne.Vigil@state.nm.us. Stay Safe! NMLEA Staff
www.dps.nm.org Were on the Web!
Assault Conduct Unbecoming Dishonesty Domestic Violence DWI Excessive Force Embezzlement
As noted in the tribute to the fallen officers we must all take a strong stand against officer misconduct. As officers sworn to uphold the laws we in law enforcement cannot condone or tolerate any type of officer misconduct. Officer misconduct tarnishes the badge and is a discredit to our profession and to the officers that gave their lives. Please remember as law enforcement officers we are held to a higher standard and we need to ensure all officers display professionalism and integrity at all times, as expected by the citizens were serve.
LEGAL UPDATE
INDIVIDUALIZED SUSPICION
Two cases point out the need to articulate individualized reasonable suspicion prior to detaining someone. If we don’t have individualized reasonable suspicion, or are unable to articulate it, what is seized may be inadmissible. It was late at night when a Ruidoso police officer saw a car drive into a parking lot of a closed business. There were four occupants, including Patterson who was sitting in the front passenger seat. There had been several burglaries in the neighborhood. The Officer asked for ID of all occupants to see “who he was dealing with” and to assist him if there were burglaries later that evening. As Patterson was getting out of the car, he was observed hiding drugs. State v. Patterson (2006). In San Juan County an Officer observed a car pull into a parking lot about 150 yards before a DWI roadblock. There were three occupants in the car, including Swanson who was in the front passenger seat. Each person was asked for ID and patted down. On Swanson the Officer found drugs and paraphernalia. State v. Swanson (2006). STATE LOST BOTH CASES!! A person can be detained when there is “a suspicion that the law has been or is being violated.” But to detain someone, where the person is not free to leave, there must be an individualized reasonable suspicion that the person is involved in criminal activity. Mere presence, however, is not enough to show an individualized reasonable suspicion that a person is involved in a crime. Court of Appeals noted that the State was unable to articulate facts concerning either Patterson or Swanson sufficient to indicate individualized reasonable suspicion that they were violating the law. - - ADA Elliott
By: Norman Rhoades