Maryland Chiefs of Police Association Maryland Sheriff’s Association

532 Baltimore Boulevard, Suite 308 Westminster, Maryland 21157 667-314-3216 / 667-314-3236

• Message from MCPA President, Chief John Nesky • TRAINING

o Level II Crash Investigation School o Human Trafficking Training for Law Enforcement o Social Media, the Dark Web & Human Trafficking – Virtual

Training o National Sheriff’s Association Sponsored Training

• Maryland Joins OffenderWatch Network • Information from IACP • FYI – MVA Customer Connect Deployment & Law Enforcement • DEA Bulletin – Facial Recognition – Officer Safety • Legal Update • Upcoming MCPA & MSA Meetings • MCPA / MSA Supported Charitable Events

o NLEOMM Harley Raffle Extended!

o East Coast Thunder Event to Benefit C.O.P.S.

o NLEOMF Run for the Badge

o Law Enforcement Torch Run T-Shirts & Hats

WEEK OF JULY 6, 2020

I am sure you that you are all aware that Chief Hank Stawinski has resigned from the Prince George’s County Police Department. I would like to thank Hank for all of his hard work and dedication to not only this organization but to the profession. On a personal note, I would like to thank him for all his support to me and the municipalities inside of Prince George’s County. His intellect and passion will be missed, and I look forward to his continued involvement as Past President of the Maryland Chiefs of Police Association. I also would like to congratulate Acting Chief Hector Velez on his new position in the Prince George’s County Police Department and wish him success. Given that Chief Stawinski’s resignation occurred just prior to our September meeting, the current MCPA Executive Board members will be assuming the following interim roles pending the official start of their terms in September: Chief Nesky, Interim President, Chief Hyatt, Interim 1st Vice-President, Chief Hamill, Interim 2nd Vice-President. We are in the midst of difficult and trying times as we deal with the dual crisis of a pandemic and social unrest. As we approach the upcoming Legislative Session, it is incumbent upon all of us to step up to the challenge of leading our profession through the reform process. I believe that these challenges are also opportunities to move policing forward by ensuring fairness to both our officers and the community that we serve. The Executive Board of the Maryland Chiefs of Police Association looks forward to working with all of you as we navigate these waters together. Stay Safe.

John K. Nesky President Maryland Chiefs of Police Association

Click on the links below for more information:

JULY 07 WEBINAR 1983 Civil Rights Litigation: What Justice Professionals Need To Know

JULY 14 WEBINAR Cumulative Trauma: The Covert Enemy Of First Responders

JULY 30 WEBINAR Disaster Preparedness: How An Effective Plan Between Custody And Health Services Can Make All The Difference

AUGUST 04 WEBINAR Developing Women Leaders: Evidence-Based Insight And Solutions For Recruiting, Retaining And Developing Women Leaders

AUGUST 05 WEBINAR Working With Student Survivors: Sexual Violence In Educational Environments

Given the current global pandemic of COVID-19, IACP has made the decision to move this year’s Training Conference on Drugs, Alcohol, and Impaired Driving (DAID) to a virtual environment. Delivered on the same dates, August 6-8, 2020, the DAID Conference will provide attendees with the ability to participate in more learning opportunities than would be possible during an in-person event. While the cancellation is disappointing, IACP believes this is the best decision as the health and safety of participants, their families and community is our highest priority. The IACP Training Conference on Drugs, Alcohol, and Impaired Driving (DAID) is the largest training conference for drug recognition experts and provides law enforcement, physicians, toxicologists, prosecutors, and other traffic safety professionals with a forum in which to share information, countermeasures, and best practices for reducing drug- and alcohol-impaired driving. Registration is now available. Click here to go to the conference registration page. Additional information regarding registration is available below. This year’s virtual DAID conference will feature sessions for DREs, prosecutors, toxicologists, leaders in traffic safety enforcement, and more. Plus, networking opportunities to discuss current topics, a virtual exhibit hall with vendors you can meet with online, and access to the educational content you have come to expect from this conference This event is not open to the general public. Attendance is open to IACP DRE section members, and qualified nonmembers, who have a professional interest in the Drug Evaluation and Classification (DEC) Program, support the mission of the IACP DRE Section, and support traffic safety efforts, including: 1) currently certified Drug Recognition Experts, 2) physicians, 3) prosecutors, 4) toxicologists, 5) sworn law enforcement officers, 6) first responders, 7) civilian employees of public safety agencies*, or 8) local, state, or federal governmental agencies which receive funding for the DEC program. Other individuals who maintain a direct professional supportive interest in the DEC program, including DRE Emeritus or DRE Ambassadors, may submit a request to attend. The DAID Conference team can be reached at DAIDConference@theiacp.org, or 703-647-7255.

Maryland Joins OffenderWatch Network, Statewide System for Managing Registered Sex Offenders

All Maryland Law Enforcement to Share Data, Easily Collaborate on Investigations through New Technology, Residents Can Sign Up for Free Alerts

BALTIMORE (June 22, 2020) — Maryland in April became the 21st state in the U.S. to join the OffenderWatch sex offender registry network through statewide implementation, which allows law enforcement agencies to save thousands of hours in administrative time and improve investigations with accurate, detailed record keeping. The implementation of OffenderWatch will help Maryland agencies work more efficiently to manage offenders at the local, state and federal levels.

Every Maryland law enforcement agency that manages or accesses registered sex offender data, including sheriff’s offices, police departments and the Federal Bureau of Investigation, will be able to collaborate on sex offender records, aid each other in investigations, and easily share notifications with the public. Maryland residents can also sign up for free email alerts when a registered sex offender moves into their neighborhood.

Sign up for free alerts when a registered sex offender moves into your neighborhood on the Maryland Department of Public Safety and Correctional Services website: http://www.socem.info/.

Share Your Community Police Engagement Programs with IACP The IACP has launched a new Community Police Engagement page on our website. This page contains tools to provide policy considerations and tangible strategies to support police and communities in their efforts to engage in productive dialogue, form strong partnerships, and identify meaningful solutions. IACP would like to know what your agency is doing to encourage positive community police engagement in your jurisdictions related to traffic safety. Please share with the IACP Traffic Safety Team any policies, protocols, training, resources, or stories that show how community engagement is part of your everyday work.

Community- Police Engagement: Communicating to Build Trust High profile policing incidents require thoughtful communication with the public and media. By having a communications plan, sharing information appropriately, and engaging multiple voices, police agencies can address concerns and enhance community trust. The IACP has developed a resource outlining communication strategies for law enforcement officials, found here.

Understanding How Law Enforcement Shares Information with the Public Transparency is a vital component of a healthy community-police relationship. Sharing information is one way a law enforcement agency can be transparent, but there are instances when information cannot be shared. Knowing how, when, and what types of information cannot be publicly shared by law enforcement agencies can help create a better understanding of what law enforcement officers do and why they do it. Learn more.

Practices in Modern Policing: Police-Youth Engagement In partnership with the U.S. Department of Justice Office of Community Oriented Policing Services, the IACP developed this guide that demonstrates how positive police and youth engagement can increase public safety; reduce crime, victimization, and recidivism; and foster trust between young people and law enforcement. The guide includes background material on the issues surrounding police-youth interactions and examples of model programs for youth engagement. Download the guide here.

Attend IACP's Virtual Women's Leadership Institute IACP is launching a virtual Women’s Leadership Institute (WLI) to take place August 9 – October 2, 2020. Virtual class sessions will take place live every week on Tuesdays and Thursdays, 2-4 p.m. EDT. WLI is designed to teach participants evidence-informed leadership theories to help them inspire followers, lead groups, and achieve organizational goals—all in the context of better understanding the unique challenges women face in the workplace. View the course overview and schedule. Learn more and register. Contact LeadershipServices@theIACP.org with any questions.

MARYLAND APPELLATE COURTS (edited versions of court website summaries)

Estate of Jeffrey Blair v. David Austin, No. 35, September Term 2019. Opinion by Hotten, J. APPELLATE REVIEW – JURY FACTUAL FINDINGS – In a civil jury trial, when the evidence produces only one inference, then it is an issue of law for the court to decide. However, where the evidence generates several possible inferences, the jury, as the trier of fact, is the sole arbitrator of the weight and value of the evidence. Appellate courts have very limited roles in reviewing the jury’s factual findings and must not substitute the jury’s findings with its own. The Court of Appeals held that the Court of Special Appeals erred when it replaced the jury’s factual findings that Officer Austin exceeded the level of force an objectively reasonable officer would use under the circumstances for its own. EXCESSIVE FORCE – EVIDENCE – LEGAL SUFFICIENCY – In a civil jury trial, the plaintiff must establish legally sufficient evidence, under a preponderance of the evidence standard, to support a verdict in favor of the plaintiff. In an excessive force case, the trier of fact must determine that a preponderance of the evidence establishes an officer exceeded the level of force that an objectively reasonable officer would use under the circumstances, to favorably find for the plaintiff. The Court of Appeals held that legally sufficient evidence supported the trial court’s decision to deny Officer Austin’s motions for judgment and submit the case to the jury to decide whether Officer Austin exceeded the level of force that an objectively reasonable officer would have used under the circumstances. EXCESSIVE FORCE – VIDEO EVIDENCE – In Scott v. Harris, the United States Supreme Court held that “[w]hen opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.” 550 U.S. 372, 380 (2007). The Court of Appeals held that the Court of Special Appeals misapplied Scott to this case and should not have conducted its own independent evaluation of the video evidence. https://mdcourts.gov/data/opinions/coa/2020/35a19.pdf State of Maryland v. Hussain Ali Zadeh, No. 25, September 2019 Term. Opinion by Hotten, J. CONSTITUTIONAL LAW—FOURTH AMENDMENT—SEARCHES AND SEIZURES—SUPPRESSION OF EVIDENCE—WARRANT EXCEPTIONS— PLAIN-FEEL DOCTRINE The Court of Appeals held that the seizure of a cell phone from Respondent was unlawful because (1) the vehicle warrant and the probable cause sufficient for the search of that vehicle did not authorize the seizure of the cell phone from his person, (2) the officer exceeded the parameters of the plain-feel doctrine, and (3) none of the other delineated exceptions to the warrant requirement applied. Accordingly, the cell phone and any evidence obtained from it should have been suppressed, as the seizure of the phone without a warrant or applicable exception to the warrant requirement violated the Fourth Amendment to the United States Constitution and Article 26 of the Maryland Declaration of Rights.

https://mdcourts.gov/data/opinions/coa/2020/25a19.pdf Williams v. State of Maryland, No. 858, September Term, 2019. Opinion by Nazarian, J. CRIMINAL PROCEDURE- SEARCH AND SEIZURE Court of Special Appeals held that the State violated the defendant’s Fourth Amendment rights when, following a traffic stop, a police officer wrestled the defendant to the ground, ordered him to put his hands behind his back, and pepper-sprayed him, where the police officer did not testify to any evidence supporting a reasonable belief that the defendant was armed and dangerous, at risk of flight, or a threat to the officer’s safety. CRIMINAL LAW – FOURTH AMENDMENT – ARREST Defendant was placed under arrest when he was tackled, wrestled to the ground, told to put his hands behind his back, and pepper sprayed. The arrest was not supported by probable cause because there was no evidence to warrant a prudent person in believing that the defendant had committed or was committing a criminal offense at the time of the arrest, and evidence gathered after the unlawful arrest should have been suppressed as fruits of the poisonous tree. CRIMINAL LAW – RESISTING ARREST Evidence was insufficient to convict criminal defendant of resisting arrest where arrest was unlawful. https://www.courts.state.md.us/data/opinions/cosa/2020/0858s19.pdf U.S. COURT OF APPEALS FOR THE FOURTH CIRCUIT Estate of Jones, et al. v. City of Martinsburg, W. Va., et al. QUALIFIED IMMUNITY – CLEARLY ESTABLISHED LAW In 2013, Wayne Jones, a black man experiencing homelessness, was stopped by law enforcement in Martinsburg, West Virginia for walking alongside, rather than on, the sidewalk. By the end of this encounter, Jones would be dead. Armed only with a knife tucked into his sleeve, he was tased four times, hit in the brachial plexus, kicked, and placed in a choke hold. In his final moments, he lay on the ground between a stone wall and a wall of five police officers, who collectively fired 22 bullets. Jones’s Estate sued under 42 U.S.C. § 1983, bringing a Fourth Amendment claim against the officers and a Monell claim against the City of Martinsburg. In protracted litigation, the Estate has been dismissed out of district court three times. Most recently, the district court granted summary judgment to the defendants on both claims, holding that the officers are protected by qualified immunity and that the City cannot be liable under a Monell theory for failing to train those officers. Although we agree that the City is insulated from Monell liability premised on one incident of excessive force, we reverse the grant of summary judgment to the officers on qualified immunity grounds, as a reasonable jury could find that Jones was both secured and incapacitated in the final moments before his death. First, the officers are not protected by qualified immunity because, viewing the evidence in the light most favorable to the Estate, Jones was secured before he was shot. A reasonable jury viewing the videos could find that Jones was secured when he was pinned to the ground by five officers.

Second, and even were it to find that Jones was not secured, a jury could still reasonably find that he was incapacitated by the time of the shooting. Jones had been tased four times, hit in the brachial plexus, kicked, and placed in a choke hold, at which point gurgling can be heard in the video. A jury could reasonably infer that Jones was struggling to breathe. In 2013, it was clearly established that law enforcement may not constitutionally use force against a secured, incapacitated person—let alone use deadly force against that person. By shooting an incapacitated, injured person who was not moving, and who was laying on his knife, the police officers crossed a “bright line” and can be held liable. https://www.ca4.uscourts.gov/opinions/182142.P.pdf?fbclid=IwAR394tFMuUctP5MIk5cqorjbCaTD01d7StmqpnwWtU9JPBfm-LD9y0E5-k0

GENERAL MEMBERSHIP MEETING

The next General Membership Meeting will be held:

SEPTEMBER TBD

2020 Executive Board and Quarterly Membership Meetings

The following is the schedule for the 2020 Executive Board and Quarterly Membership Meetings.

Please mark these important dates on your calendar.

All meetings will start at 10:00 A.M. unless otherwise stated.

EXECUTIVE BOARD MEETINGS

February 6, 2020 @ 10:00 a.m. April 8, 2020 @ 10:00 a.m.

June 17, 2020 @ 10:00 a.m. November 4, 2020 @ 10:00 a.m.

QUARTERLY MEMBERSHIP MEETINGS

January 15, 2020 @ 4:00 p.m. March 11, 2020 @ 10:00 a.m. May 20, 2020 @ 10:00 a.m.

September TBD

EXECUTIVE BOARD MEETING

The next MCPA Executive Board Meeting will be held:

Wednesday, November 4, 2020 10:00 a.m.

TBD

Maryland Sheriffs’ Association 2020 Board Meeting Schedule

January 15, 2020 – Meeting in Annapolis prior to Legislative Reception 2:00 p.m.

February 20, 2020 – Washington County

March 19, 2020 – Teleconference for Board Members Only

April 16, 2020 – Teleconference for Board Members Only

May 21, 2020 – Teleconference for Board Members Only

June 2020 - No Meeting

July 16, 2020 – Harford County

August 2020 - No Meeting

September 14, 2020 – TBD

October 12-13, 2020 - Allegany County Sheriff’s Office

November 19, 2020 – Wicomico County

December 2020 - No Meeting

NEXT MSA BOARD MEETING – BOARD MEMBERS ONLY

July 16, 2020 10:00 a.m.

Hosted By:

Harford County Sheriff’s Office Southern Precinct

1305 Pulaski Highway Edgewood, Maryland

Social Distancing Practices Will Be in Place

Harley Davidson Raffle Extended — This Bike Could Be Yours!

Raffle tickets are now available to win a 2020 Harley-Davidson® FLHTK Ultra Limited Peace Officer Special Edition® to benefit the National Law Enforcement Memorial and Museum, which means you still have a chance to have this custom-built motorcycle in your own driveway!

Buy two or more raffle tickets and get a free commemorative Harley t-shirt (while supplies last). Each raffle ticket is $25 and only available online. The winning ticket will be randomly selected on October 11, 2020, at Harley-Davidson of Washington, DC. (Winner does not need to be present)

Learn more

Saturday, October 10, 2020, 9:00 am | Washington, DC

Join the National Law Enforcement Memorial and Museum for Run for the Badge, our annual 5k fundraiser! By participating, you demonstrate your support for officers that are honored on our Memorial, as well as those working to protect and serve us today.

If you cannot be in DC in October for the 5K, you can be part of the excitement when you register as a virtual participant. Gather a team of coworkers, run on your treadmill, and be as creative as you like in your support for law enforcement and the Memorial.

Learn more

Click on the photos below for more information!

Participate as an Individual

Create a Team

Join a Team

Contact: Betsy Jiron – Law Enforcement Torch Run Liaison

410-242-1515 X115