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Critical Legal Issues in Law Enforcement May 2010 Law Enforcement Executive FORUM Critical Legal Issues in Law Enforcement May 2010 Law Enforcement Executive Forum Illinois Law Enforcement Training and Standards Board Executive Institute Western Illinois University 1 University Circle Macomb, IL 61455-1390 www.ILETSBEI.com Senior Editor Thomas J. Jurkanin, PhD Editors Vladimir A. Sergevnin, PhD, and Susan C. Nichols Associate Editors Jennifer M. Allen, PhD Department of Political Science and Criminal Justice, North Georgia College and State University Barry Anderson, JD School of Law Enforcement and Justice Administration, Western Illinois University Tony Barringer, EdD Division of Justice Studies, Florida Gulf Coast University Michael Bolton, PhD Chair, Department of Criminal Justice and Sociology, Marymount University Becky K. da Cruz Criminal Justice and Law and Society, Armstrong Atlantic State University Jose de Arimateia da Cruz Political Science and Comparative Politics, Armstrong Atlantic State University Larry Hoover, PhD Director, Police Research Center, Sam Houston State University William Lewinski, PhD Director, Force Science Research Center, Minnesota State University William McCamey, PhD School of Law Enforcement and Justice Administration, Western Illinois University Stephen A. Morreale, DPA School of Public Policy and Administration/Criminal Justice, Walden University Gregory Boyce Morrison Department of Criminal Justice and Criminology, Ball State University Deborah W. Newman, JD, EdD Professor and Chair, Department of Criminal Justice, Middle Tennessee State University Michael J. Palmiotto Professor, Criminal Justice, Wichita State University Gene L. Scaramella, PhD Dean of Graduate Studies, Ellis College of New York Institute of Technology Wayne Schmidt, LL.M., JD Director, Americans for Effective Law Enforcement Aaron Thompson, PhD Department of Sociology, Eastern Kentucky University Brian N. Williams, DPA School of Public and International Affairs, University of Georgia Editorial Production Document and Publication Services, Western Illinois University, Macomb, Illinois Production Assistant Linda Brines Law Enforcement Executive Forum • 2010 • 10(2) The Law Enforcement Executive Forum is published four times per year by the Illinois Law Enforcement Training and Standards Board Executive Institute located at Western Illinois University in Macomb, Illinois. See last page for subscription information and pricing. ISSN 1552-9908 No part of this publication may be reproduced without written permission of the publisher. Disclaimer Reasonable effort has been made to make the articles herein accurate and consistent. Please address questions about individual articles to their respective author(s). Law Enforcement Executive Forum • 2010 • 10(2) Table of Contents Editorial .................................................................................................................. i Thomas J. Jurkanin “No-Knock” Warrant Meets the “Castle Doctrine”: A Human Death Trap ............................................................................................................ 1 Noel Otu TASER Found Excessive for Bizarre Behavior in Traffic Stop ..................... 23 Michael P. Stone Marc J. Berger A Multivariate Analysis of Traffic Stop Decisions that Transcend Benchmarking: Data from an Illinois City for 2007 ..................................... 29 Bonny M. Mhlanga Michael H. Hazlett Goal Diffusion and Miscommunication Across Rank Levels ..................... 53 Richard R. Johnson Reflections on Police Leadership: An Examination of Core Principles ..... 63 Thomas J. Jurkanin Key Administrative and Operational Differences in the Police Quasi Military Model ........................................................................................ 75 Jon M. Shane A Quantitative Analysis of Accountability Indicators in Sheriffs’ Offices and Municipal Police Departments .................................................. 107 Casey LaFrance MaCherie Placide Training and Education Professional Recognition Through Partnership: A Police Education and Training Program in the Northeast of England .................................... 121 Ian K. Pepper A Suggested Instrument to Examine Baccalaureate Graduates’ Perceptions of Strengths and Challenges of Their Own Criminal Justice Departments: Narrowing the Gaps .................................................... 127 H. Dean Buttram III Wade C. Mackey Degrees of Satisfaction: The Effect of Higher Education on Police Officer Job Satisfaction ......................................................................... 137 Todd Lough Bonny M. Mhlanga Law Enforcement Executive Forum • 2010 • 10(2) Police and the Age Factor The Role of Environmental Indicators on the Perceptions of Crime of the Elderly ........................................................................................... 149 Michael Arter John A. Lewis Vigilante or Victim: The Role of Police Interactions in Shaping Adolescent Behavior .......................................................................................... 159 Martha L. Shockey-Eckles Considering the Animal Liberation Front: An Essay on Domestic Terrorism in the Modern Age........................................................................... 173 Thomas E. Engells International Initial Steps in the Russian-American Police Partnership ........................... 185 Victor Chirikin Vladimir Sergevnin Letters A Letter to the Chief ............................................................................................. 193 Steven H. Brumm Lorne L. Brooks Materials/publications are available through the Illinois Law Enforcement Training and Standards Board Executive Institute. Law Enforcement Executive Forum • 2010 • 10(2) Editorial The year 2010 marks a significant milestone in the history of the Law Enforcement Executive Forum. Established in 2000, with the first edition being published in April of that year, the Forum now celebrates a decade of service and professional contribution. While the Forum was initially designed to bridge the gap between research and practice in the State of Illinois, it has become a national and international source of information and exchange. The Forum has established itself as a premiere peer-reviewed publication focused on the promotion of academic research and professional contribution within the field of policing. The first decade of the 21st century has brought significant change and innovation in policing. The Forum provides a time-sensitive venue for addressing research and practice as it evolves and develops. Quantitatively, the Forum has published 53 issues, containing 825 articles. Nearly one thousand scholars and practitioners have contributed to the collection. Qualitatively, the Forum has served to join academics worldwide, from the most prestigious universities, to engage in discussion and share research and thought on the most pressing law enforcement issues of the day. As we pause to reflect upon the success of the Forum, it is important to first and foremost thank all of the authors who have provided articles and contributed professionally to the expanding knowledge base within the field. In addition, it is important to acknowledge the vision and foresight of the Illinois Law Enforcement Training and Standards Board, its members, and Executive Director Kevin T. McClain for supporting the Forum, recognizing the importance of research, and sustaining necessary funding. And lastly, special thanks is extended to Western Illinois University; the Illinois Law Enforcement Training and Standards Board Executive Institute at Western Illinois University; Director and Editor Susan C. Nichols; Editor Vladimir A. Sergevnin, PhD; Production Assistant Linda Brines; and all associated production staff for ensuring that the Forum maintains the highest standards of academic and publication excellence. The Forum has created a community of talented people dedicated to continually professionalizing law enforcement service so that all citizens may enjoy the special quality of life that comes from protection, and ensured liberty and justice. Thomas J. Jurkanin, PhD Senior Editor Law Enforcement Executive Forum • 2010 • 10(2) i “No-Knock” Warrant Meets the “Castle Doctrine”: A Human Death Trap Noel Otu, Associate Professor, Department of Criminal Justice, The University of Texas at Brownsville and Texas Southmost College Introduction Two powerful, controversial, and conservative legal doctrines came together on June 15, 2006. In Hudson v. Michigan (2006), the U.S. Supreme Court ruled that the Constitution does not require the government to exclude evidence obtained through illegal “no-knock” searches. The conservative ruling is far from the Court’s modern- era tradition of “policing the police” by requiring forfeiture of improperly gathered evidence. The no-knock search ruling means that judges may lawfully issue all warrants as no-knock warrants, authorizing police officers to enter specified premises to search for and seize evidence without first knocking or otherwise announcing their presence. Also, if there is a presumed risk of harm to the officers or a possibility that evidence of crime may be destroyed, police officers have the discretion to break into homes that they intend to search with a warrant without knocking or announcing their presence. In contrast to this, there are over 20 U.S. States with some form of “castle doctrine” laws: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi,
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