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TCOLE Basic Court Security Constable Jason Johnson Kaufman County Pct. 2
Introduction
The Need for Training
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Introduction
The TCOLE Basic Court Security Certification was created to conform with the minimum training mandates for court security personnel established by Senate Bill 42 during the 2017 legislative session. A curriculum committee consisting of personnel from TCOLE, various law enforcement agencies, and the Office of Court Administration created the training curriculum for the TCOLE Basic Court Security Certification. A number of the committee members hold the TCOLE Court Security Specialist Certification. The goal of the committee was to insure that the mandates of SB 42 were met and to include the most relevant information necessary for persons working in court security.
Introduction
The Committee: Susan Gregory‐Brundage, Special Services Division/Education and Training TCOLE; Sgt. Terry Fahrlender, Lubbock County Sheriffs Office; Scott Griffith, Office of Court Administration; Chief Deputy Constable Bobby Gutierrez, Travis County Pct 5; Constable Randy Harris, Tom Green County PCT 4; City Marshal John Morris, Waxahachie City Marshals Office; Officer Fred Pitcher, Georgetown Police Department. Chief Scott Rubin, Fair Oaks Ranch Police Department; Sgt. Derrick Waggoner, Arlington Police Department;
Case Studies
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Case Studies
Learning Objectives: Encourage learning through examples of problems and issues experienced by students in the classroom.
Students provide scenarios based on experience for class discussion Instructors moderate class discussion
Case Studies
Students are expected to relate their experiences based on the topics covered in the course of study by the instructor or from personal experiences for discussion in the classroom.
Your participation is encouraged as it enhances the learning environment for everyone here.
Please share any experiences that you have relevant to the topics as they are covered.
INTRODUCTION TO COURT SECURITY
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Introduction to Court Security
INTRODUCTION TO COURT SECURITY
Learning Objectives: Provide the student with the history of court security and the recent legislation affecting court security.
Summarize the history of court security
Cover Senate Bill 42 and its provisions
List allowable collection and use of the court security funds
History of Court Security
Bailiff’s date back to the 1200’s in England and France, and the 1300’s in Russia Bailiff’s were originally overseers of communities and responsible for the maintenance and order of the Kings Eventually Bailiff’s were the designated overseers of order in the court and carried out the directives of the court
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History of Court Security Many of you remember the historical references to bailiffs in the courts through books, TV dramas, news stories and historical events.
Times have changed, the duties of the bailiff and of court security have evolved to meet the demand.
History of Court Security
May 29, 1979 ‐ Federal Judge John Wood was assassinated in the driveway of his home in San Antonio, TX by Charles Harrelson (father of actor Woody Harrelson) in a murder for hire plot financed by a drug lord, Jamiel (Jimmy) Chagra.
This was the first assassination of a Federal Judge in the 20th century and the incident caused concern with Federal Judges for their safety.
The U.S. Courts and the U.S. Marshal service begin research and development of a court security program for the Federal Courst.s
History of Court Security
1983‐U.S. Marshal’s Service contracts for court security personnel utilizing former law enforcement officers Security plans are implemented and screening begins in most Federal Court Facilities, others are added as the program expands Now, more that 4500 Court Security Officers are employed in 400 courts nationwide More than 600 threats/improper contact are received annually by the USMS.
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History of Court Security July 1, 1992‐
Attorney George Lott opens fire in a Tarrant county courtroom in Ft. Worth killing Assistant DA Chris Marshall and Attorney John Edwards. Appellate Judges Clyde Ashworth and John Hill along with Assistant DA Steve Conner are wounded. Lott was dissatisfied with a ruling on a personal case. Tarrant County does not have screening in place, however they had purchased walk through metal detectors that were in storage.
History of Court Security
Tarrant County and many cities in around the DFW area and Texas begin to re‐think court security
Courts in the area and around the State start entry screening and other measures to prevent violence
Thereisstillalongwaytogoasmanystilldonothave programs
Significant Incidents
Tyler, TX February 4, 2005 • David Hernandez Arroyo arrives at the Smith County courthouse with an assault rifle and guns down his estranged wife on the courthouse steps and also shoots his son who is with her. • One more person is killed trying to intervene, several law enforcement officers are injured. • Arroyo then leads law enforcement on a pursuit and is killed. • Court Security Screening is in place in Smith County ….suspect never enters building.
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Tyler Texas
Tyler 2005
Did court security work in Tyler?
YES!!
Court security is there to protect the court staff and citizens occupying the building.
Tyler 2005
This incident required an active shooter response.
Does your court security staff have access to long guns (shotguns/patrol rifles) to confront this type of attack?
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Long Guns at Screening Station?
You should consider long guns:
At the screening station. On each floor of multiple level court facilities. Anywhere a long gun would be an advantage for the protection and safety of persons in the court facility.
Long Guns at Screening Station? The Tyler incident is a prime example why you need long guns available at your screening station!!
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Fulton County, GA 2005
Fulton County, Georgia (Atlanta) March 11, 2005
Rape suspect Brian Nichols severely beat deputy Cynthia Hall, took her gun then locked her in a holding cell.
Nichols then entered the courtroom and fatally shot Judge Rowland Barnes and Court Reporter Julie Brandeau.
Fulton County, GA 2005
Nichols hold hostages in the courtroom for a short period then decides to leave.
Deputy Hoyt Teasley encounters Nichols on his way out of the building and is killed.
Nichols begins hijacking vehicles and takes a public train.
During this time Nichols encounters Federal Agent David Wilhelm and kills him.
Fulton County, GA 2005
Nichols takes a hostage and after a long period the hostage talks him into giving himself up.
This case is relevant due to the cost of liability for failing to protect the personnel in the court.
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Liability It is costly when adequate court security is not provided.
Liability
The Fulton County Sheriffs Office was sued by the family of the judge and separately by the family of the court reporter. The suit claimed that the sheriff was negligent and did not perform required duties. Georgia Law requires the sheriff or his or her designee to attend sessions of court. (O.C.G.A. 15‐16‐10)
Liability
Attorneys for the family pointed out that the sheriff had no officer in court as required by the state law. The Judge’s family settled for approximately 5.2 million dollars. The court reporters family settled for approximately 5 million dollars. This is very costly for lack of security.
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Liability
Texas law is very similar in nature: (e) The constable SHALL attend each justice court held in the precinct. (Local Government Code 86.021. Sheriffs are required to attend court in many of the statutes in Government Code Chapters 24 and 25 which establish the District Courts and County Courts at Law.
Liability
Some police chiefs and city marshals are directed by city ordinance or city charters to provide security for the courts too. If you are not familiar with the legislation that created your particular courts, you should review them to see what your responsibilities are as a law enforcement officer.
It is your responsibility to know what is required of you by law in the realm of court security!!
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Austin, TX 11/6/2015
Judge Julie Kocurek is shot and critically injured in the driveway of her home as she returned from a football game.
Chimene Onyeri has been charged in the case along with two accomplices. Onyeri was to appear before Judge Kocurek with the possibility of receiving incarceration.
Onyeri has been charged twice with murder in unrelated cases with those charges being dismissed.
There was a non descript threat against a Travis County Judge prior to the attack which was not relayed to the judges. This incident is what spurred the Texas Judicial Council into action to create Senate Bill 42.
Recent Legislation
SB 42 Signed by Governor Abbott 5/27/17 Effective 9/1/17
HB 1487 Sister bill in the house. This was never passed but the house took testimony, added provisions and sent them to the Senate for SB 42.
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Recent Legislation
“The Sheriff, Constable, or other law enforcement agency or entity that provides security for a court shall provide to the Office of Court Administration of the Texas Judicial System a written report regarding any security incident involving court security that occurs in or around a building housing a court for which the sheriff, constable, agency, or entity provides security not later than the third business day after the date the incident occurred. A copy of the report must be provided to the presiding judge of the court in which the incident occurred. The report is confidential and exempt from disclosure under Chapter 552,Government Code. “ CCP 102.017 (f)
CHAPTER 158. COURT SECURITY OFFICERS Sec. 158.001. DEFINITION. In this chapter, "court security officer" means a constable, sheriff, sheriff’s deputy, municipal peace officer, or any other person assigned to provide security for an appellate, district, statutory county, county, municipal, or justice court in this state. Sec. 158.002. COURT SECURITY CERTIFICATION. (a) Except as provided by Subsection (b), a person may not serve as a court security officer for an appellate, district, statutory county, county, municipal, or justice court in this state unless the person holds a court security certification issued by a training program approved by the Texas Commission on Law Enforcement.
Recent Legislation
(b) court security officer is not required to hold a court C.S.S.B. No. 42 security certification to provide security to a court described by Subsection (a) before the first anniversary of the date the officer begins providing security for the court. Sec. 158.003. VERIFICATION. The sheriff, constable, law enforcement agency, or other entity that provides security for a court shall verify that each court security officer holds the court security certification as required by this chapter. Officers working in court security when the bill becomes effective have until 9/1/19 to comply.
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Recent Legislation
Occupations Code Sec. 1701.267. TRAINING PROGRAM FOR COURT SECURITY OFFICERS. (a)The commission, in consultation with the Office of Court Administration of the Texas Judicial System, shall develop a model court security curriculum for court security officers, as required by Chapter 158, Government Code, and provide the curriculum to any training program the commission approves to provide training to court security officers. (b)The commission shall issue a certificate to each court security officer who completes the training program under this section.
Recent Legislation
Government Code 29.014, 30.00007, 74.092(13) requires the judge to form a court security committee. Government Code 51.791, 101.06111, 106.08111, 101.10111, 101.12121, 101.1411, establishes fees on civil cases to be used for court security training. Government Code 56.003 (h) establishes a grant program for training for persons that provide training to individuals that provide court security. Government Code 56.004 (b)(3) directs the legislature to appropriate funds for court security training.
Recent Legislation
Government Code 72.015 establishes a judicial security division to serve as a resource for best practices in court security. Government Code 72.016, 552.117, 572.002, 572.035; Election Code 13.0021, 15.0215; Local Government Code 133.058; Property Code 11.008; Tax Code 25.025 establishes procedures for keeping judges personal information private.
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Recent Legislation
Sec. 411.0485 PROTECTION FOR JUDGES Any commissioned peace officer in this state, including a commissioned officer of the department, may provide personal security to a state judge at any location in this state, regardless of the location of the law enforcement agency or department that employs or commissions the peace officer.
You Don’t Know Who You Are Dealing With…
It won’t happen here because we just handle Class C cases not felonies.
If they don’t respect felony laws, what makes you think they will respect Class C misdemeanor laws?
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You Don’t Know Who You are Dealing With
It won’t happen here because we just handle Class C cases not felonies. • Ted Bundy was first handled on an expired/invalid drivers license. • Timothy McVeigh was stopped for speeding and had invalid registration. • David Berkowitz “Son of Sam” was arrested on outstanding parking violation warrants.
They had no idea who they were dealing with.
Court Security Fund
Court Security Fund
The Court Security Fund was implemented to allow Courts to collect a Court Security Fee.
This fee is intended for the Courts to improve and support Court Security functions.
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Court Security Fund
Art. 102.017. COURT COSTS; COURTHOUSE SECURITY FUND; MUNICIPAL COURT BUILDING SECURITY FUND; JUSTICE COURT BUILDING SECURITY FUND. (a) A defendant convicted of a felony offense in a district court shall pay a $5 security fee as a cost of court.
Court Security Fund
(b) A defendant convicted of a misdemeanor offense in a county court, county court at law, or district court shall pay a $3 security fee as a cost of court. A defendant convicted of a misdemeanor offense in a justice court shall pay a $4 security fee as a cost of court. The governing body of a municipality by ordinance may create a municipal court building security fund and may require a defendant convicted of a misdemeanor offense in a municipal court to pay a $3 security fee as a cost of court.
Court Security Fund
The fund can be used for: (1) the purchase or repair of X‐ray machines and conveying systems; (2) handheld metal detectors; (3) walkthrough metal detectors; (4) identification cards and systems; (5) electronic locking and surveillance equipment; (6) video teleconferencing systems; (7) bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services;
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Court Security Fund
(8) signage; (9) confiscated weapon inventory and tracking systems; (10) locks, chains, alarms, or similar security devices; (11) the purchase or repair of bullet‐proof glass; (12) continuing education on security issues for court personnel and security personnel; and (13) warrant officers and related equipment.
AG‐Opinions on Court Security Fund
98‐026 (Contracting with County Attorney for Court Security) The Colorado County Attorney may not contract with the county commissioners court to provide courthouse security. The commissioners court may not fund such a position in the county attorney's office with monies from the courthouse security fund established under Code of Criminal Procedure article 102.017. The phrase contract security personnel in Code of Criminal Procedure article 102.017 does not denote county employees. Rather, it refers only to security personnel who provide courthouse security as independent contractors.
AG‐Opinions on Court Security Fund
JC‐0014 (Purchase of Clip On Microphones) Article 102.017(d)(9) of the Code of Criminal Procedure does not authorize a commissioners court to expend monies from the courthouse‐security fund to purchase clip‐on microphones for deputy sheriffs' portable radios.
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Court Security Fund
(f)The Sheriff, Constable, or other law enforcement agency or entity that provides security for a court shall provide to the Office of Court Administration of the Texas Judicial System a written report regarding any security incident involving court security that occurs in or around a building housing a court for which the sheriff, constable, agency, or entity provides security not later than the third business day after the date the incident occurred. A copy of the report must be provided to the presiding judge of the court in which the incident occurred. The report is confidential and exempt from disclosure under Chapter 552,Government Code. (Change effective 9/1/17)
Court Security Fund
Reporting became effective 09/01/07
The report must be submitted within 72 hours (Three business days) to the Office of Court Administration.
Court Security Fund
Definition of an Incident: An incident is defined as any adverse event that threatens the security of person or property, or causes or may cause significant disruption to functions of the court. This includes, but it not limited to, threats to harm a person or property, disorderly conduct, physical assaults, escape attempts, or any other serious situation that disrupts court activities.
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Court Security Fund
Physical assault, Disorderly behavior, Bomb threat, Hostage situation Threat • Type of threat: Verbal, Written • Threat against: Judge or court staff, Attorneys, witnesses, or jurors
Court Security Fund
Prisoner escape attempt Attempt to bring a weapon into the courtroom or court building Other:
Court Security Incident Reporting
In your opinion, what type of court settings
produced the most incidents?
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Fiscal Year 2008
Fiscal Year 2009
Fiscal Year 2010
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Fiscal Year 2011
Fiscal Year 2012
Fiscal Year 2013
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Fiscal Year 2014
Fiscal Year 2015
Fiscal Year 2016
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OCA Website
http://www.txcourts.gov/statistics/court‐security‐ incident‐reports/
BAILIFF FUNCTION IN COURT SECURITY
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BAILIFF FUNCTION IN COURT SECURITY
Learning Objectives: Basic information of the bailiff’s role in court security and their respective duties to the court.
Bailiff duties and security
Jury protection
Emergency plans
Bailiff’s Role
Bailiff’s Role
Security • Pre‐session Search • Courtroom Placement • What to look for • Staying Alert Court Service • Acting as Valet • Enforcing Court Orders
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Bailiff’s Role
Security • Pre‐Session Search The pre‐session search is a very important startofthecourtsessionandis necessary to prevent breaches in security.
• Uncontrolled Access to Courtroom • Most prevalent condition observed when doing security assessments. • Provides opportunity to plant weapons, recording devices, or other harmful matter in the court facility. • Persons other than bailiff unlock the courtroom.
Bailiff’s Role
Security • Pre‐Session Search • Overall Security of Courtroom. • Intel suggesting escape attempt. • Defendant connection to organized crime.
These are only a few reasons to search. There are many more that we can collectively come up with. The most important thing is that the bailiff do a complete and thorough pre‐session search for the safety of the court.
Bailiff’s Role
Security • Pre‐Session Search Search Methods • Select a starting point in the room and use this same starting point for each sweep of the room. • Stay with the same pattern of search so that you do not miss anything. • Search in opposite directions for additional security. • Schedule bailiff early enough to allow time for the search.
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Bailiff’s Role
Security • Pre‐Session Search Search Methods • Utilize available tools such as mirrors and flashlights.
Bailiff’s Role
Security • Pre‐Session Search Circular Method ‐ Use clockwise or counterclockwise 1. search floor to waist around the room. 2. search waist to chin around the room. 3. search chin to ceiling around the room. 4. False ceiling
For optimum results repeat the search in the opposite direction that you did the first search.
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Bailiff’s Role
Security • Pre‐Session Search Special Situations • Courtroom was unlocked prematurely by non‐court personnel and there are people already inside. Suggested practice is to empty the courtroom, re‐secure and do an inspection behind closed doors. • Courtroom has no locking hardware to secure it between sessions. Suggested practice is frequent patrols into the courtroom and regular between session searches and of course, install locking hardware.
Bailiff’s Role
Security • Pre‐Session Search What are you looking for? • Weapons • Communication Devices • Newspapers • Articles forbidden by Judicial Rules • Handcuff Keys • Anything Suspicious
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Bailiff’s Role
Security • Pre‐Session Search Once you are satisfied that everything is clear you may allow entry into the courtroom
Bailiff’s Role
Courtroom Placement Your placement in the courtroom is key to your ability to respond to a threat or be a visible deterrent to threats. • You should be in a place where you are visible to the persons in the courtroom • Youshouldbeabletoviewallentrancestothecourtroom from your location • Your location should allow you to respond to anyone rushing the bench or the jury box and intercept them if possible
Bailiff’s Role
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Bailiff’s Role
Courtroom Placement Once situated, you are the eyes and ears in the courtroom for anything out of the ordinary that could be considered a threat.
Bailiff’s Role
Courtroom Security Seating: Spectators Family Members (Victim/Suspect) Press Prisoners Lawyers Officers/Agents Legal Support Staff
Placement of Family
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Bailiff’s Role
First several rows are your buffer rows. Court Staff
Law Enforcement
Legal Support
Lawyers
Press
Bailiff’s Role
Prisoners Away from family and victims
Away from court staff
At disadvantage to escape
Movement areas to avoid the above
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Bailiff’s Role
Family Members
Away from in custody family members
Away from family members of the opposing side
Bailiff’s Role
Spectators
Whatever is left after you take care of security concerns
Bailiff’s Role
No plan is perfect as the courtroom environment is ever changing. For those changes you must be able to adapt and stay alert.
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Bailiff’s Role
What are you looking for? • Hand signals from persons in the audience to defendants. • Looks of intimidation toward the jury. • Restless/nervous spectators. • Violation of court rules.
Reading newspapers/books
Chewing gum
Disruptions
Bailiff’s Role
What are you looking for? • Violation of Court Rules (cont.)
Improper attire
Electronic devices
Entering/leaving during prohibited times
What have you witnessed that has not been covered?
Bailiff’s Role
Prisoner Security
While the primary responsibility for prisoner security rests with the transporting officers, there are some things related to prisoner security that the bailiff should be aware of.
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Bailiff’s Role
Prisoner Security . A prisoner in restraint(s) is the most pressing of the prisoner security issues for the bailiff. . If not handled properly, having a prisoner restrained can cause mistrial over constitutional due process issues.
Bailiff’s Role
Prisoner Security . There are excerpts from several appellate cases that we will discuss pertaining to restraining prisoners during court sessions. . Deck vs. Missouri 544 U.S. 622 (2005) is the most recent case from the U.S. Supreme Court
Bailiff’s Role
Prisoner Security Selected Excerpts from Deck: . We here consider whether shackling a convicted offender during the penalty phase of a capital case violates the Federal Constitution. We hold that the Constitution forbids the use of visible shackles during the penalty phase, as it forbids their use during the guilt phase, unless that use is "justified by an essential state interest" —such as the interest in courtroom security —specific to the defendant on trial. Holbrook v. Flynn, 475 U.S. 560, 568‐569;(1986) see also Illinois v. Allen, 397 U.S. 337, 434‐344 (1970)
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Bailiff’s Role
Prisoner Security Selected Excerpts from Deck: . This rule has deep roots in the common law. In the 18th century, Blackstone wrote that "it is laid down in our antient books, that, though under an indictment of the highest nature," a defendant "must be brought to the bar without irons, or any manner of shackles or bonds; unless there be evident danger of an escape."
Bailiff’s Role
Prisoner Security Selected Excerpts from Deck: . Given the presence of similarly weighty considerations, we must conclude that courts cannot routinely place defendants in shackles or other physical restraints visible to the jury during the penalty phase of a capital proceeding. The constitutional requirement, however, is not absolute. It permits a judge, in the exercise of his or her discretion, to take account of special circumstances, including security concerns, that may call for shackling. In so doing, it accommodates the important need to protect the courtroom and its occupants. But any such determination must be case specific; that is to say, it should reflect particular concerns, say, special security needs or escape risks, related to the defendant on trial.
Bailiff’s Role
Prisoner Security Selected Excerpts from Deck: . Thus, where a court, without adequate justification, orders the defendant to wear shackles that will be seen by the jury, the defendant need not demonstrate actual prejudice to make out a due process violation. The State must prove "beyond a reasonable doubt that the [shackling] error complained of did not contribute to the verdict obtained."
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Bailiff’s Role
Prisoner Security . Illinois v. Allen (1970), 397 U.S. 337 . In Allen, the defendant was extremely unruly and disrupting the court. . The Supreme Court held in this case that there are at least three permissible ways for a trial judge to handle an obstreperous defendant: (1) bind and gag him, thereby keeping him present in the courtroom; (2) cite him for contempt; and (3) take him out of the courtroom until he promises to conduct himself properly.
Bailiff’s Role
Prisoner Security . Illinois v. Allen (1970), 397 U.S. 337 . The Allen case actually allows the use of restraints for security and decorum as directed by the trial judge to maintain order.
Bailiff’s Role
Prisoner Security . It is well established that the jury cannot see the defendant in restraints during guilt or punishment phases of the trial with few exceptions . Any exceptions must be approved by the trial judge in advance.
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Bailiff’s Role
Prisoner Security Coordinate prisoner movement with the transport officers. Do not walk the defendant by doorways or windows that the jurors can see from. Keep the jurors in the jury room until the transport officer(s) give the all clear signal.
Bailiff’s Role
Prisoner Security You must be diligent to prevent the jury from seeing the defendant in restraints. Coordinate prisoner movement with the transport officers. Have the defendant in the courtroom prior to the arrival of the jury pool during selection or on trial day. Move the prisoner out of public view on the street if possible.
Bailiff’s Role
Prisoner Security Restrained prisoners during trial present another set of issues for the bailiff. Any restrained prisoner and the type and manner of restraint(s) should be approved by the trial judge. The judge may order certain accommodations be made for the restrained prisoner. These accommodations may still require that the jury not see the defendant in the restraints.
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Bailiff’s Role
Prisoner Security Accommodations for restrained prisoners. Placing of file boxes, curtain, or long table cloth around the perimeter of defense table to shield the jurors from seeing leg shackles. Constant monitoring by the bailiff to insure that all restraints are not in view of the jury.
Bailiff’s Role
Prisoner Security If you become aware that a juror or potential juror has observed a defendant in custody, immediately report it to the trial judge for determination. If practical, sequester the juror before they mix with others.
“THE RULE”
Art. 36.05. NOT TO HEAR TESTIMONY. Witnesses under rule shall be attended by an officer, and all their reasonable wants provided for, unless the court, in its discretion, directs that they be allowed to go at large; but in no case where the witnesses are under rule shall they be allowed to hear any testimony in the case. (CCP)
When the rule is invoked by either party, it is your responsibility to keep watch over witnesses to the case so that they do not enter the courtroom during testimony.
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Threat Assessment
Threat Assessment
As bailiff, you should be familiar with who is appearing on the docket paying particular attention to those that have already been or could be a threat. There are several methods that you can use to assess possible threats: Check everyone on the upcoming docket for outstanding warrants. Train court staff about the importance of communicating any threats or know issues with persons that will be attending court. Review victim impact statements (if available) for any information that may indicate a threat. Review filings of any pro‐se litigants for any information that may indicate a threat. Speak with officers in the case that have handled the defendant for known issues. You can add things to this list based on your experience as a bailiff. The most important thing is to perform due diligence when assessing threats.
Jury Handling
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Jury Handling Jury handling may be the most underrated job that you have as a bailiff. It has more potential to cause serious consequences for you and the court than any other bailiff duty. Many bailiffs have been transferred or lost their jobs from causing mistrials that cost the courts thousands of dollars.
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Jury Handling
Generally you will deal with two different types of juries as a bailiff:
. Grand Jury
. Petit Jury
Jury Handling
Grand Jury: a jury that examines accusations against persons charged with crime and if the evidence warrants makes formal charges on which the accused persons are later tried (Webster’s)
Petit Jury: a jury impaneled to try and to decide finally upon the facts at issue in causes for trial in a court (Webster’s)
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Jury Handling Job Description of Jury Handling: . Serve the jury. . Protect the sanctity of the jury from outside influence. . Provide security for the jury and jury room. . Act as valet between the court and the jury. . Prevent intimidation of the jury. . What other job duties can you think of.
Jury Handling
There are some statutes that pertain to bailiff duties: Art. 19.37. BAILIFF'S DUTIES. A bailiff is to obey the instructions of the foreman, to summon all witnesses, and generally, to perform all such duties as the foreman may require of him. One bailiff shall be always with the grand jury, if two or more are appointed. (CCP)
Jury Handling
Art. 19.38. BAILIFF VIOLATING DUTY. No bailiff shall take part in the discussions or deliberations of the grand jury nor be present when they are discussing or voting upon a question. The grand jury shall report to the court any violation of duty by a bailiff and the court may punish him for such violation as for contempt. (CCP)
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Jury Handling
Art. 36.24. OFFICER SHALL ATTEND JURY. The sheriff of the county shall furnish the court with a bailiff during the trial of any case to attend the wants of the jury and to act under the direction of the court. If the person furnished by the sheriff is to be called as a witness in the case he may not serve as bailiff. (CCP)
Jury Handling
Art. 36.27. JURY MAY COMMUNICATE WITH COURT. When the jury wishes to communicate with the court, it shall so notify the sheriff, who shall inform the court thereof. Any communication relative to the cause must be written, prepared by the foreman and shall be submitted to the court through the bailiff. The court shall answer any such communication in writing, and before giving such answer to the jury shall use reasonable diligence to secure the presence of the defendant and his counsel, and shall firstsubmitthequestionandalsosubmithisanswertothesametothedefendantorhis counsel or objections and exceptions, in the same manner as any other written instructions are submitted to such counsel, before the court gives such answer to the jury, but if he is unable to secure the presence of the defendant and his counsel, then he shall proceed to answer the same as he deems proper. The written instruction or answer to the communication shall be read in open court unless expressly waived by the defendant. All such proceedings in felony cases shall be a part of the record and recorded by the court reporter. (CCP)
Jury Handling
Art. 36.215. RECORDING OF JURY DELIBERATIONS. A person may not use any device to produce or make an audio, visual, or audio‐visual broadcast, recording, or photograph of a jury while the jury is deliberating. (CCP)
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Jury Handling
Art. 36.22. CONVERSING WITH JURY. No person shall be permitted to be with a jury while it is deliberating. No person shall be permitted to converse with a juror about the case on trial except in the presence and by the permission of the court. Art. 36.23. VIOLATION OF PRECEDING ARTICLE. Any juror or other person violating the preceding Article shall be punished for contempt of court by confinement in jail not to exceed three days or by fine not to exceed one hundred dollars, or by both such fine and imprisonment. (CCP)
Jury Handling
There are only a few duties listed in statutes pertaining to jury handling. There are many more that are dictated by local court rules, judicial preference, and department policy.
As a bailiff it is your responsibility to know and understand what the duties are in your respective courts.
Jury Handling
Duties change during trial phases. We are going to look at some of the duties that you will be going through before, during and after trial.
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Jury Handling
Pre‐session search of the jury room is an important part of bailiff duties prior to jury selection. This should be done in conjunction with the pre‐session search of the courtroom using the same method.
You should be looking for newspapers, old juror notes or anything left behind that could be cause for a mistrial.
Jury Handling
You should also be looking for anything that could compromise the security of the jury in any way. If you should find any materials, they should be secured immediately and the trial judge should be notified.
Jury Handling
Your placement when the jury is being selected is just as important for security as it is when court is in normal session.
The same priorities should be followed but you will also need to be in a position to quickly serve the court during selection as well as provide visible protection.
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Jury Handling‐Conduct
Who can cause a mistrial just by their conduct…………………….. YOU!!! This is where your actions can cause issues you if you are not careful. The actions of a bailiff during trial could have an impact on the jury: . Facial expressions (frowns, smirks, rolling eyes, shaking head). . Offhand Comments . Overall Improper Conduct
Jury Handling‐Conduct
What is the best face to put on when handling a jury?
. Bland, business like, security focused, observant, etc.
. You can still be pleasant but businesslike. Your goal is to make the jury feel at ease while still providing proper security.
Jury Handling‐Conduct
Arms length relationship: • This is by far the best approach when handling a jury. • Don’t get too close to them and don’t let them get too close to you. • This is strictly business, they are not your buddies. • Even if you personally know someone on the jury, keep them at this distance. (personally knowing a prospective jury member should be taken up with the judge prior to selection)
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Jury Handling‐Conduct
Avoid Common Mistakes • Do not spend too much time visiting with jurors, take care of business and get away. • Do not engage jurors in conversation other than what is relevant. • Remember that appearances are everything. Your actions may have the most innocent intent but the appearance can cause a mistrial.
Jury Handling‐Conduct
• Do not accept gifts from jurors, lawyers, or anyone affiliated with the case • Do not discuss aspects of the case with jurors before or during the trial, and even after the jury has given its verdict and has been dismissed.
These are just a few of the do not’s. What can you add to this list?
Jury Handling
Serving the jury during trial is another key part of your duties as bailiff. This can include: • Helping seat the jury for selection. • Assist in the selection process as directed by the judge. • Managing a portable microphone for the jurors to use when being questioned. • Assisting jurors into the jury box when selected.
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Jury Handling
• Escorting the jurors to the jury room and familiarizing them with their surroundings at the beginning of trial. • Ensuring that items furnished by the court are kept at a constant level to supply the needs of the jury. • Escorting the jurors to and from the jury room in between sessions. • Assembling the jurors at the start of the court day.
Jury Handling
• Observe the jurors while they are on break to insure that there is no improper contact with court participants. • Keep the jury from seeing the defendant in custody or in restraints. • Escorting jurors to their vehicles at the end of the court day or at the end of the trial.
What other duties can you think of?
Jury Handling
Service during deliberation includes a number of things to think about. Some are: • Do not provide the jury with anything not approved of by the judge (tools, papers, research materials). • Do not enter the jury room at any time during deliberation. Alwaysmakecontactatanopendoorway. • Do not answer questions about the case even though you know the answer the judge is going to give.
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Jury Handling
• Keep close observation of anything the jurors bring into the jury room. Report anything objectionable to the judge immediately. • Be aware of comments jurors make, they may indicate exposure to something prohibited. • Be aware of jurors that may have had a noon cocktail. This could impair their service. • Do not deliver messages to the jury unless approved by the trial judge.
Jury Handling
• Immediately notify the trial judge of any perceived violation of court rules or compromise of the jury. • If possible, sequester any juror suspected of compromise from the rest of the panel. • Do not leave your post with the jury without proper relief.
Emergency Planning
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Security During Trial
Security during and after the trial are two more hats that you must wear as a bailiff.
We have covered some of the security aspects before and during trial already but now we will look at some more specific issues pertaining to reaction to incidents.
Security Outside of Court
Security During Trial
Do you have a plan in place if something happens during trial that requires you to react? Here are some things to consider for various responses. Responses: • Active shooter outside the courtroom. • Lockdown the courtroom. This turns the courtroom into a safe‐room for all inside. • Evacuation of the court family to another safe area.
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Security During Trial
Responses: Active Shooter Outside the Courtroom. • Do you engage the shooter or do you stay in the courtroom to protect the occupants? Active Assault Inside the Courtroom. • Doesthecourtstaffhaveanevacuationplantoasafe room? • Do you intervene or do you insure that the court staff gets out safely?
Security During Trial
Responses: Active Assault Inside the Courtroom. • Is the court staff trained in the location and use of duress alarms (if you have them)? • Does the court staff have access to phones or other communication devices in the courtroom to call for help? • Ifthereisanevacuationplaninplaceforcourtstaff,isit practiced on a regular basis? Do you have means of adequate communication available in the courtroom to summon assistance? Phone, radio, duress alarm………..
Security After Trial
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Security After Trial
Distraught Persons Remaining in Courtroom or Hallway After an Adverse Verdict or Court Decision • Do you have a plan to deal with this? • Evacuation of court staff, securing the courtroom • Call for assistance. • Ask family members or friends to take the distraught persons away from the courtroom (this usually works and you do not have to touch them).
Security After Trial
Juror Safety • Escorting jurors to vehicles after dark or after a tense trial. Jurors are usually released before court is adjourned which makes it easier to get them out before they come in contact with parties to the case.
• Protecting jurors from the news media.
• What else can you add to this?
Security After Trial
Escorting parties to the trial to safety for the same reasons as you would for the jurors. This could include, witnesses, prosecutors, defense attorneys, plaintiff attorneys, court staff, defendants, or plaintiffs.
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Security After Trial
Post Session Search: After each court session, the courtroom and jury room (if used) should be searched using the same methods to look for any objects left behind or that may be a threat. The courtroom should be secured prior to searching.
Emergency and Evacuation Plans
Emergency and Evacuation Plans
Courts should have emergency plans in place that cover each room progressively to the entire building. The following should be considered when creating a plan: Active Shooter Active Disturbance/Assault Bomb Threat Evacuation Fire Weather Medical Suspicious Mail/Package
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Bomb Threats
Definition ‐ any threat received by any employee or person that an Explosive Device has been or may be left in or around your property. Bomb Threat Check List Contact Law Enforcement Search Quickly scan your office for anything out of the ordinary – remember, you know your office layout and what belongs there better than any first responders. If anything is found that is suspicious or does not belong there, evacuate immediately!! Consider Evacuation Options
Shelter in place vs Evacuation
Are you putting people at greater risk by having them evacuate. It is possible that the intent of the threat is to draw employees out of the safety of the building where they are more vulnerable through the evacuation. This is judgment call that you are going to have to make based on the totality of the circumstances and information available to you at the time.
Evacuation Away from The Location
Because of the possibility of danger to employees once they evacuate, some safety experts are recommending that employees completely leave the area rather than evacuate to a predetermined location near the facility. This allows the employees to be totally away from the location until safe to return.
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Evacuation Away from The Location
There are still things that must be considered if you choose the option to completely leave: Create a calling chain for your office that will assign employees to call others in the office to make sure that all have made it to safety and to relay other information pertinent to the evacuation. Have a preset number for employees to call that will have information on the incident and whether it is safe to return.
Evacuation to a Predetermined Location
Have a designated evacuation area. Have alternate evacuation areas and rotate them each time you evacuate. Prior to using any assigned areas, check them for suspicious items or threats. If threats are detected go to another area. Use terrain, features or solid objects as shielding or cover for the area. Do a head count of everyone present to make sure whether anyone is missing.
General Evacuation Precautions
Have a buddy plan in place for those that are handicapped/injured to assist them in evacuation. In multi‐level buildings evacuation of handicapped/injured will be to the fire escape on the floor. If the handicapped/injured person is able to be helped down the stairs, then they should proceed with the assigned person. If the handicapped/injured person is unable to go down the stairs, they should remain in the fire escape on the landing until first responders can get to them and get them out. (It is the duty of the assigned person to go out of the building and notify first responders where the handicapped/injured person is located)
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Fire Alarms
Personnel should always evacuate when a fire alarm is activated –no exceptions!!
Follow evacuation procedures per your policy.
Weather Emergencies
Texas has the potential for rapidly advancing severe weather which may require you to take shelter. You should keep a weather alert radio in your office. Should you be required to take cover: Go to a basement if available; Go to a centrally located room with inside walls; All persons should be instructed to sit on the floor with heads between their knees and hands covering the back of their heads.
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Medical Emergencies
Medical Emergencies present themselves in all types from sudden onset illness to injuries. Here are some suggestions: Always call an ambulance even if the person declines it. Have a first aid kit handy and keep it well supplied. Have a defibrillator available. Have someone on staff trained and current in first aid and CPR. Write a report of any medical emergency and keep on file for two years.
COURT SECURITY SCREENING BASICS
COURT SECURITY SCREENING BASICS
Learning Objectives: Basic methods and implementation of security screening
Legal aspects of court security screening
Available court security screening equipment and processes
Incident reports and screening evidence
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Court Security Screening
The court security screening station is the first line of defense inside the court facility. Can be a desk, table or as sophisticated as a bullet resistant counter or partition. Utilized to funnel persons through a single area for observation and screening. Staffing varies depending on local policy and resources.
Court Security Screening
Let’s take a look at staffing of the checkpoint: Minimum recommendation is two officers at the checkpoint. This reduces the possibility of a single officer being distracted from duties or being assaulted by ambush. In high risk trials the staffing should be increased beyond the minimum two officers. This allows primary officers to screen and secondary officers to observe the persons coming into the facility. Backup plan for attrition due to call offs.
Who Do You Screen??
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Who Do You Screen
Suggested best practice for screening is that everyone coming through the screening entrance is screened (employees included). Best suggested practice is usually not reality due to local policy and customs. You must be aware of the policy at your facility and follow those guidelines.
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Who Do You Screen
There are a few things that you should take consider when considering screening policy. Law Enforcement Officers: Do you allow officers into the facility armed? Are they parties to the case outside of their law enforcement duties. Are they personally known to the other officers in the building?
Who Do You Screen
Do you have armed officers sign in so that you know their location? If an incident happens, you will immediately know if they are in a location to be involved. You will also know where to summon help in case you need them.
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Who Do You Screen
Attorneys: Do you allow attorneys to bypass security with a background check and badge? If you do, how do you monitor it to make sure that they are in good standing? Remember, George Lott was a licensed attorney when he opened fire in a Tarrant county courtroom.
Who Do You Screen
Employees: Workplace violence has resulted in a number of injuries and deaths from employee on employee violence. Even though you may screen employees at the screening entrance, they may still have access to the building through controlled access points.
Who Do You Screen
Regardless of your screening policy, you must be diligent to screen all persons that are supposed to be screened.
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Legal Aspects of Screening
Legal Aspects
Since screening involves the searching of persons or their itemsthisfallsunderthe4th Amendment of the Constitution. Such searches have already produced court cases arguing illegal search. It should not be surprising that many of the cases were filed by attorneys who felt that they should not have been searched. We will briefly look at some of these cases. Page 14
Legal Aspects
Barrett v. Kunzig, 331 F.Supp 266 (1971), 5th and 6th Amendment. Inspection of briefcases and packages of persons entering a federal courthouse does not violate a person's Fifth Amendment right against self incrimination, nor does it constitute an unreasonable search. It should be noted that in this case that there was a sign giving prior notice of the intended inspection.
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Legal Aspects
Downing v. Kunzig, 454 F.2d 1230 (1972), 4th Amendment. A cursory search was made for the limited purpose of determining that no explosives or dangerous weapons were transported into the federal courthouse. The search was not “unreasonable” due to minimal interference with personal freedom.
Legal Aspects
Both cases focused on the fact that the searches were cursory and did not involve the officers reading documents.
Legal Aspects
McMorris v. Alioto, 567 F.2d 897 (1978), 4th and 14th Amendments. "Although an attorney‘s consent to a search is exacted as the price of entering the courthouse it is nevertheless consensual in the same way as in airport searches." Searches as a condition of entry into the courthouse did not violate the Fourth or Fourteenth Amendments, since these searches are "administrative searches."
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Legal Aspects
The Administrative Search Test: 1. Be clearly necessary to secure a vital governmental interest (e.g. protecting sensitive facilities from a real danger of violence); 2. Be limited and no more intrusive than necessary to protect against the danger to be avoided, but nevertheless reasonably effective to discover the materials sought;
Legal Aspects
The Administrative Search Test: 3. Be conducted for a purpose other than the gathering of evidence for criminal prosecutions.
That is the three prong test for an administrative search. When you are writing new policy or changing policy, these three items should be considered.
Legal Aspects
Jensen v. City of Pontiac, 113 Mich App 341; 317 NW2d 619 (1982). The right to privacy is not absolute. Whether a search is reasonable depends upon all of the circumstances, including the reasonable expectation of privacy of the person being searched. The court considered "three factors which courts have relied upon in determining that warrantless searches in airports and courthouses are constitutional: (1) the public necessity, (2) the efficacy of the search, and (3) the degree and nature of the intrusion.
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Legal Aspects
People v. Alba, 440 NYS2d 230 (1981), app dismd 450 NYS2d 787, 436 NE2d 193. Found defendant had given implied consent to be searched by freely acquiescing and choosing to permit inspection by entering and remaining in the courthouse which had conspicuously posted visible signs warning that all persons entering the building and courtrooms were subject to search.
Legal Aspects
The intrusiveness of an entry search is reduced by implied consent. The limited regulatory search should be performed only (1) after notices of the need to permit search of personal items for inspection are given; (2) where there is not physical coercion, and (3) the person may choose to not submit to the search by not entering the premises.
Legal Aspects
Commonwealth v. Harris, (Mass 1981) 421 NE2d 447. Search legally discovered a controlled substance. Warning sign posted stating that all persons entering must pass through the metal detector and if the detector registered, the person would be subject to a limited search, that all packages must be offered for inspection, and all weapons and contraband discovered would be seized. The sign further stated that entrance into the courthouse would be deemed to constitute consent to the performance of the search. "
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Legal Aspects
Just in case you want to read more cases, here they are: State V. Plante, 594 A2d 165, (NH, 1991); People v. Rincon, 581 NYS2d 293, app den 584 NYS2d 1021, 596 NE2d 491; Bozer v. Higgins, 157 Misc 2d 160, 596 NYS2d634,USvHenry,615F.2d1223(1980),USv. Paulido‐Basquerizo, 800 F.2d 899 (1986), and US v. Campbell, 873 F.2d (1989).
Requiring Identification for Entry into the Courts
Some court security programs require identification for persons to enter the court facility for security reasons. The legality requiring ID has very limited legal challenges.
Requiring Identification for Entry into the Courts
The only challenge on the books presently is United States v. Wendell Smith, Docket No. 03‐1588‐cr (2d Cir. Oct. 17, 2005) (Winter, Sotomayor, Parker). The attorney in the case asked for a mistrial for his client under the Sixth Amendment to the U.S. Constitution claiming that the defendant’s right to a public trial was violated.
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Requiring Identification for Entry into the Courts
Background: The U.S. Marshal’s service issued a post 911 policy requiring identification of all persons entering court facilities when the Department of Homeland security issued a level 3 alert. The appeals court quoted Waller v. Georgia, 467 U.S. 39, 45 (1984) concluding that the “partial closure” by the ID policy did not violate the defendant’s public trial right.
Requiring Identification for Entry into the Courts
Although the court ruled in favor of the policy, it took exception that the trial judge was not consulted prior to the implementation of the policy. ALWAYS consult with the trial court prior to implementing court security policy that could impact the outcome of a trial.
Required Signage
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Required Signage
Why Signage? Notification that a search may take place in order to comply with existing case law and prosecution.
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Required Signage
Examples: By entering these premises, you are consenting to search of your person or belongings for safety purposes. Warning!! All persons entering or occupying this property are subject to search at anytime. All persons entering this building are required to submit to search. Persons refusing search will not be allowed entrance to the building.
Required Signage
These are just a few examples. Each of your agencies may have similar signs. If your agency does not have a sign, DON’T PUT A SIGN UP WITHOUT SEEKING LEGAL COUNSEL AND APPROVAL. Make sure that the sign complies with the preferences of your local prosecutor and retained attorney.
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What are you searching for?
Prohibited items Weapons Penal Code 46.03; 46.035 Contraband Illegal drugs, cuff keys, items harmful to court environment etc. Items prohibited by court order or rules Weapons that are legal to possess but restricted by court rules Legal knives, scissors, crochet needles, chemical sprays, electronic weapons, etc. Phones, electronic devices, backpacks, large handbags, etc.
Texas Law
Texas Law Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a): (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
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Section 46.03 cont
(c) In this section: (1) "Premises" has the meaning assigned by Section 46.035. (f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed (Effective Jan 1, 2016) handgun under Subchapter H, Chapter 411, Government Code. (g) An offense under this section is a third degree felony.
46.035
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
46.05 Prohibited Weapons
(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) an explosive weapon; (2) a machine gun; (3) a short‐barrel firearm; (4) a firearm silencer; (5) knuckles; (6) armor‐piercing ammunition; (7) a chemical dispensing device; (8) a zip gun; or (9) a tire deflation device.
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46.05 Prohibited Weapons
(e) An offense under Subsection (a)(1), (2), (3), (4), (6), (7), or (8) is a felony of the third degree. An offense under Subsection (a)(9) is a state jail felony. An offense under Subsection (a)(5) is a Class A misdemeanor.
Sec. 411.209. WRONGFUL EXCLUSION OF CONCEALED HANDGUN LICENSE HOLDER. (a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a concealed handgun license, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.
2017 Legislative Changes HB 1935 •TPC Section 46.01(6) is amended effective Sept 1, 2017 to remove the term “illegal knife” and to create the term “Location restricted knife”. • Knives will no longer be classified as a throwing knife, dagger, dirk, stiletto, poniard, bowie knife, sword or spear.
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Location Restricted Knife Any knife having a blade over 5 ½ inches long, from the guard to the tip. TPC Section 46.02(a‐4) is created which prohibits a person under the age of 18 from carrying a location restricted knife except on their own property, their motor vehicle or watercraft, or under the direct supervision of a parent or legal guardian.
Location Restricted Knife
TPC Section 46.03(a‐1) is created which adds the following prohibited places for Location Restricted Knives to the list of places were weapons are already prohibited in Section 46.03: 51% businesses, high school, collegiate, professional sporting events or interscholastic events, correctional facilities, hospitals, nursing facilities, mental hospitals, amusement parks, and places of religious worship.
Location Restricted Knives: Penalty & Signage
The penalty for taking a Location Restricted Knife into the premises of a school or educational institution is a 3rd degree felony. The penalty for taking a Location Restricted Knife into any other prohibited place is a Class C misdemeanor. There is no restriction on the right of a property owner to prohibit the possession of knives on their property. There is no requirement for either the government or private property owner to give notice of the Location Restricted Knife prohibition, i.e. no TPC Section 3006 or 30.07 criminal trespass notice or 51% business establishment notice needed.
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Exemptions for Special Attorneys
HB 435 exempts the following attorneys so as to allow them to enter prohibited places under TPC Sections 46.02, 46.03 & 46.035 (except correctional facilities) if they have an LTC:
Attorney General Assistant Attorneys General United States Attorney Assistant United States Attorney
Previously exempted: federal judges, district & county attys and assistants, …
COURT SECURITY SCREENING BASICS
Entry Screening Entry Screening is another essential step to securing a court facility.
The technology for screening that is most frequently used is hand searches, metal detection (hand, walk through), trace detection, and x‐ray scanners.
COURT SECURITY SCREENING BASICS
Hand Searching Hand searching is used as a stand alone search method, as a secondary search to other screening methods, or as an alternative to metal detectors for persons with medical devices that may be affected. It can be dangerous that is why it is recommended to use a “stir stick” and protective gloves.
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COURT SECURITY SCREENING BASICS
Hand Held Detectors Like hand searching, hand held detectors can be used as a stand alone search method or to supplement other search types. They allow you to pinpoint specific areas of the body and give a closer search without having to go to more invasive methods.
COURT SECURITY SCREENING BASICS
Walk Through Detectors/Magnetometers Walk through detectors come in a variety of brands and models from very basic models which tell you the person has metal on them to more sophisticated ones that give you a zone location of the metal to narrow your search.
COURT SECURITY SCREENING BASICS
Walk Through Detectors Some are portable which allow you to move them to special event locations or to expand the courtroom to other locations. Such an example happened in San Angelo Texas immediately after the raid on Warren Jeffs’ Yearning for Zion compound. Due to national media frenzy, an alternative courtroom had to be set up overnight to handle the overflow.
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COURT SECURITY SCREENING BASICS
X‐Ray Screening X‐Ray screening is the most efficient way to screen objects. The newer machines produce color images that can help you discern organic, inorganic. There are also many features which allow you to view the image from different backgrounds, magnification, and angles.
COURT SECURITY SCREENING BASICS
Trace Detectors Trace detectors are being implemented in more court facilities each year. Basically, a trace detector is a mechanical canine sniffer. They can detect anything from explosive components to illegal drugs to bio hazards. Some are stand alone and some are integrated.
Documentation of Screening Evidence.
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Documentation
Each of your departments have policies in place for securing of evidence which should be followed closely.
At a minimum you should include WHO, WHAT, WHERE, WHEN, WHY/HOW but there are other things to consider for evidentiary purposes which will help strengthen your case and help further education in security screening.
Documentation
Photograph evidence from various angles to show a good perception of the article(s) seized. If the x‐ray machine was used in the seizure of the item, photograph the item on the x‐ray screen in various angles. Photograph the screening station area from several angles. Photograph the warning signs.
Documentation
When writing your report, there are several things that you should consider. They include but are not limited to: Demeanor of person when approaching the security checkpoint (confused, aggressive, nervous, intoxicated etc). How the person was dressed (not right for the season, gang paraphernalia etc). Presence of warning signage. Conversation with person.
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Documentation
Actions that you took. Observations that you had of the person that made you suspicious (probable cause). History of the person if known atthetimeofthe incident. Description and disposition of articles seized and how you came to discover it. What else can you think of?
Documentation
Additionally, this should be discussed with your prosecutor to receive their input. They are the ones that will be taking the case to court for a conviction and may want more information than is listed here.
EXPLOSIVES RECOGNITION AND AWARENESS
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EXPLOSIVES RECOGNITION AND AWARENESS
Learning Objectives: Basic familiarization with explosives and their connection with the court security function Familiarize court security personnel with explosives and their illicit uses
Familiarize court security personnel with basic methods of prevention and detection of explosive devices in a court security setting
Familiarize court security personnel with basic methods of responding to potential or actual explosive devices
This course is not an “EOD”, “TACTICS”or“BOMB TECH”course. The intent of this course is to provide basic knowledge of the relationship between explosives and court security functions. Officers should always rely on their own training, department policy and common sense when dealing with explosives.
The FBI Bomb Data Center reports that 70% of all terrorist incidents involve the use of incendiary agents and explosives. We know that there have been attacks carried out against government facilities in the U.S. including court buildings using explosives. This is why it is important for court security personnel to be familiar with explosives and their use.
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Court Bombing Incidents
Edinburg, TX
Oct 27, 1954 ‐ Harry Miller of Realtos, TX detonates a suicide bomb in the courthouse where his case was pending injuring 3 women and knocking down persons in nearby courtrooms. He was upset over a ruling in his case over injuries received in an accidental explosion of dynamite.
Judge Robert Vance
December 16, 1989 Mountain Brook, AL Judge Vance receives a package at his home and opens it on the kitchen table believing it to be a Christmas gift. The package explodes killing Vance instantly and seriously injuring his wife. Another package arrives at an Alabama civil rights attorney’s office killing him.
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Judge Robert Vance
Two more packages are intercepted at the Federal Courthouse in Atlanta and the NAACP office in Jacksonville, FL. Both are disabled by bomb techs. One of the bomb techs recognizes the design of the devices from another suspect years earlier. Walter Leroy Moody is arrested and convicted of the bombings.
San Diego Federal Courthouse
May 4, 2008 –At the direction of Donny Love, SR., Rachelle Carlock detonates 3 pipe bombs at the door of the Federal Courthouse. The bomb sent shrapnel and nails over a block away and six stories high. Love’s plan was to involve accomplices while insulating himself so that he could collect reward money when he turned his protégés in.
Creek County, OK
May 24, 2017 ‐ Women returns to her car outside the courthouse to find her tires slashed and two pipe bombs on her console. Tulsa bomb squad safely removes the devices. Father and son Berry and Christopher Nichols arrested after investigators review surveillance footage.
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History of Explosives
Beginnings
Gunpowder first appeared in China around the 1st century AD and was used for fireworks. The first evidence of use in weapons appeared in Europe around the 13th century when projectiles were propelled through tubes. The first high explosive, “fulminating gold” was first mentioned in writings by German alchemist Sebald Schwaertzer in 1585. Italian chemist Asconio Sobrero discovered nitroglycerin in 1846 but the compound was very unstable and difficult to work with.
Advances
Swedish scientist Albert Nobel invents a method of stabilizing nitroglycerin in 1866 and patents dynamite in 1867. He discovered that diatomaceous earth would absorb the nitroglycerine, but not reduce its explosive force. Nobel also invents blasting caps and a smokeless explosive powder called ballistite. Nobel continued to experiment and improve the stability of nitroglycerin inventing a gel explosive. Another smokeless powder called cordite is invented by Sir James Dewar and Sir Frederick Abel around the same time.
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Advances
Chemists continue to experiment with explosive compounds to improve cost, efficiency and safety resulting in many advances in the explosive industry.
Types of Explosives
Low explosives • Combustion is relatively slow ‐1000 meters per second • The speed of explosion is called the speed of deflagration. • Examples are black and smokeless powders Black powder is mixture of potassium nitrate, charcoal and sulphur Smokeless powder is nitrocellulose and perhaps nitro‐ glycerine
High explosives –detonate (explode) rather than deflagrate (burn) • Combustion can range from 1000 mps to 10,000 mps Two types Initiating (or primary explosives) • Sensitive, will detonate readily when subjected to heat or shock. • Used to detonate other explosives in explosive train (a triggering sequence that ends up in a detonation of explosives) • Includes Nitroglycerine Noninitiating (Secondary or base explosives) • relatively insensitive, to heat, friction or shock, need special detonators such as low explosives. • Includes Dynamite, TNT or PETN • ANFOs or (Ammonium Nitrate Fuel Oil)
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Stimuli
Stimuli occurs in six different forms: Friction, impact, shock, heat, electrostatic discharge. These stimuli can cause explosion. Friction Impact Shock‐ the most frequent cause of accidental detonation. Heat‐atmospheric change or fire. Electrostatic Discharge – Radio frequency (No radio transmission within 300 feet of a confirmed or suspected IED), static electricity. F I S H E D
HOMEMADE EXPLOSIVES
HME
Homemade Explosives
Combine commercially available ingredients (precursors) to create explosive mixtures Combine military or commercial explosives to create new, non‐standard explosive mixtures Instructions for manufacturing readily available from various resources
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Homemade Explosives
Legal means Retail purchases (beauty supply, hardware, home improvement, grocery, swimming pool supplies, etc.) Other sources where used (hospitals, universities, construction sites, farms, mining operations, etc.) Internet ordering/delivery Illegal means Theft Diversion of legitimate purchases Falsification of documents
Homemade Explosives Precursors
Hydrogen Peroxide Strong acids Urea fertilizer Acetone Methyl Ethyl Ketone Ethyl or Methyl Alcohol
Homemade Explosives Precursors
Ethylene Glycol (antifreeze) Glycerine Hexamine Citric acid Aluminum or Metal Powders
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Homemade Explosives
Blending – mixing two or more chemicals (oxidizer and fuel) Example: ammonium nitrate + fuel = ANFO Cooking –chemical precursors react together to produce a totally new chemical species Example: acetone + hydrogen peroxide + strong acid = triacetone triperoxide (TATP)
Homemade Explosives
Foul odors/caustic fumes coming from a room or building Strong chemical odors coming from sewers/drainage ditches Large industrial fans or multiple fans in windows Presence of chemical containers in trash or around area Corrosive damage to metal surfaces of structures from harsh chemical fumes Paint damage or discoloration on interior surfaces from harsh chemical fumes Refrigerators or coolers used to store chemicals and finished products Presence of white crystalline solids
Homemade Explosives
Appears similar to narcotics production Specialty glassware not required Mason jars, household appliances, etc., may be used Reaction mixtures may be mixed and cooled for extended time periods Sitting in refrigerator, freezer, or ice bath Other components of SBIEDs may be present Power supplies, initiators, explosives, and switches (PIES)
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Homemade Explosives
Don’t change the environment Lighting Temperature Ventilation Don’t touch or move anything Don’t introduce stimuli Secure area Notify bomb technicians
Homegrown Terrorism
Homegrown Terrorism
Oct 1, 2005 –Oklahoma State University Joel Henry Hinrichs explodes a bomb near the football stadium where a game is going on with 84k spectators Only Hinrichs is killed in the blast. Hinrichs Pakistani roommate Faisal Chama disappears after the blast and has ties to Massoui.
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Homegrown Terrorism
Sept 1, 2010 –Silver Springs, MD James J. Lee enters the Discovery Communications building with explosives strapped to his body and takes hostages. Law enforcement officers engage and kill Lee when they felt the hostages were endangered. No hostages killed. Lee was an Eco Extremist.
Homegrown Terrorism
40 plots or attacks within the U.S. since 9/11 Arrests made in 19 cases The two successful attacks (both utilizing small arms weapons resulting in 14 deaths Ft Hood, Texas – Nidel Hassan Little Rock, AR Army/Navy recruiting center – Abdulhakim Muhammed
Homegrown Terrorism
13 plots involving individuals who were interested in becoming foreign fighters in places of conflict. 11 plots involving the use of or intended use of incendiaries or explosives. 4 intended to or used firearms 12 attacks used multiple, unspecified, or unique tactics 6 involved individuals who showed interest in killing themselves.
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Suicide Bombers
Suicide Bombing
Suicide bombing is not new: May 18, 1927 –Bath Michigan Andrew Kehoe set off an explosion in the school killing 37 children and the teacher. He then set off a bomb in the explosive laden truck he was driving killing the school superintendent and several others.
Suicide Bombing
Tactical Advantages No escape required Harder to detect More difficult missions possible Extreme precision in targeting and timing Bombers can choose alternate targets.
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Delivery Methods
Person‐Borne: Carried Bomber activates SBIED carried in a bag, box or other object. Person‐Borne: Worn Bomber activates SBIED worn under or as part of his or her clothing. Vehicle‐Borne: Bomber activates an SBIED concealed in a vehicle.
Suicide Bombing
Emerging Trends Multiple devices Use of least likely suspects Women Children Babies Small unit tactics Homegrown terrorism
Secondary Devices
Intended to explode after the initial event Designed to kill emergency responders, law enforcement, spectators, and news reporters Common tactic abroad Becoming more common in North America
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Open Source Information
Anyone with the internet has open source on how to make bombs from scratch. The bit manual that we have all heard of “The Anarchist Cookbook” is online for anyone to take and use. The U.S. Army “Improvised Munitions Handbook” is also available online.
Suicide Bombers
Encountering a suicide bomber is a possibility as a first responder. How you respond will affect the outcome of a confrontation with a suicide bomber. The use of deadly force is an option when dealing with a suicide bomber. Laws and department policy should be considered carefully before the use of deadly force in any situation.
Improvised Explosive Devices
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What is an IED?
"Adeviceplacedorfabricatedinanimprovisedmanner incorporating destructive, lethal, noxious, pyrotechnic, or incendiary chemicals and designed to destroy, incapacitate, harass, or distract. It may incorporate military stores, but is normally devised from nonmilitary components” (United Nations)
IED Limitations
The only limitation to an IED is the skill level and imagination of the bomb maker.
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Explosive and incendiary devices
Explosives and Incendiary Devices
Thousands of pounds of explosives stolen annually Blasting agents created from common materials such as ANFO Can be contained in any size packaging from letter bomb to truckload
Molotov cocktail In its simplest form, a Molotov cocktail is a glass bottle containing petrol fuel usually with a source of ignition such as a burning, fuel soaked, rag wick held in place by the bottle's stopper.
In action the fuse is lit and the bottle hurled at a target such as a vehicle or fortification. When the bottle smashes on impact, the ensuing cloud of petrol droplets and vapor is ignited, causing an immediate fireball followed by a raging fire as the remainder of the fuel is consumed.
Other flammable liquids such as wood alcohol and turpentine have been used in place of petrol.
Thickening agents such as motor oil have been added to the fuel, analogously to the use of napalm, to help the burning liquid adhere to the target and create clouds of thick choking smoke.
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Most Common IED: Pipe Bomb Pipe filled with explosives, rigged with detonator May be packed with nails, objects, chemical or radiological agent for optimal injury
Pipe Bombs
Never underestimate the lethality of a pipe bomb Large fragments of the pipe are projected out at between 2000 to 12,000 fps depending on the explosive used
IED Components (PIES)
Power source‐batteries most common.
Initiator‐blasting caps to secondary explosives
Explosives
Switches‐from manufactured to home made
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Vehicle Bourne Improvised Explosive Devices‐VBIED’s Vehicle Bourne Explosives
Vehicle Bourne Explosive Devices
Also not new: September 19, 1920 –New York, NY Horse drawn wagon exploded in the financial district of New York on Wall St. 30 killed immediately, 8 die later, 143 injured. Estimated 100 pounds of dynamite with 500 pounds of window weights. Never solved but Galleanists were suspected. Luigi Galleani wrote a bomb building book and encouraged bombing.
The Terrorist Weapon of Choice
The tactic of using vehicles to infiltrate an enemy position goes back to the Trojan Horse. They are familiar and normal to the area They are portable and adaptable They come in many shapes and sizes They are readily available They can be disguised as trusted government or other vehicles As you can see the list can go on and on. What can you think of to add to the list?
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Hard Target vs. Soft Target
Terrorists usually do not pick random places to hit. They study to see where they have the best chance of succeeding. Many times doing reconnaissance work and penetration testing. Timothy McVeigh acknowledged doing this prior to attacking the Murrah building in Oklahoma City. He considered the Federal Building and Courthouse in Ft Worth where I worked immediately before the bombing and thought the target was too hard.
Hard Target vs. Soft Target
McVeigh learned from his reconnaissance that vehicles approaching the buildings in Ft Worth were almostimmediatelyconfrontedbysecuritypersonnel if they stopped for too long. This was major deterrent to targeting Ft. Worth buildings.
Make Your Building a Hard Target
Conduct random patrols around the building. Install bollards, berms or concrete planter boxes or posts to prevent vehicles from being crashed into the building. Train building occupants on what to look for. Respond quickly to any suspicious vehicle or person. Restrict parking, stopping or standing around building.
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Make Your Building a Hard Target
Install security cameras that watch the perimeter of the building that are recorded and monitored 24/7. Increase perimeter lighting. Deploy explosive detection devices including electronic and/or K‐9.
IED First Response
IED Response
There are two ways you will be responding to an IED call: An actual dispatch response or response to a citizen request regarding a suspected IED, or; Discovery of a suspected IED while responding to an unrelated call.
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IED Response
Best practice on a known device is to evacuate, create safe perimeter and contact your designated EOD unit.
Initial Arrival
THE MILITARY FIVE C’s Confirm
Clear
Cordon
Control
Check
Initial Arrival
CONFIRM ‐ Witnesses, Viewing from a distance with optics (avoid closer inspection unless absolutely necessary, EOD should be called in). CLEAR–Theareamovingpeopleaway360degreesat recommended distances per guidelines.
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Initial Arrival
CORDON – Off the area at the recommended minimum distances.
CONTROL‐ Access to the area using law enforcement checkpoints.
CHECK – For secondary devices set up as booby traps to the first device.
Initial Arrival
Try to get as much information as possible before reaching the scene. DON’T use your two way radio at the scene. Use a landline if possible. Approach the area slowly while looking for suspicious persons, items or activity that seems out of place. Keep responders to a minimum at the location.
Initial Arrival
Always have an escape route in mind and keep it clear if possible. If possible use optics (binoculars, video, patrol video) if available to scan the area before entering. If you must approach a suspicious item, use cover when approaching (best practice is not to approach).
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If you can see the bomb, the bomb can see you. The next video shows why you need to use cover when approaching or leaving an area.
Of course the best practice is not to approach if you can avoid it.
Initial Arrival
. If you stumble upon a device: . Inform everyone verbally and leave the area. . DO NOT use radio, cell, MDT or any transmitting device until you are at least 300’ away. . Do not touch or move anything (suspicious items, light switches, anything at all) just leave taking everyone with you. . Be aware of secondary devices.
IED Indicators
Justbecauseanitemlookssafedoesnotmeanthatitis safe. Can the item incorporate the PIES. Unusual containers or devices with electronic components such as wires, circuit boards, cell phones, antennas or other items attached or exposed. Devices containing fuses, fireworks, match heads, black powder, smokeless powder, incendiary materials, or other item that could be HME (Homemade Explosive Material).
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IED Indicators
Materials attached to an item or wrapped around an items such as nails, washers, screws, bolts, drill bits, marbles, ball bearings, or anything that could be used as shrapnel. Exposed ordnance such as blasting caps, detcord, military explosives, commercial explosives.
VBIED Indicators
Any vehicle that arouses suspicion or curiosity (trust your instincts) Vehicles parked strategically or for a prolonged amount of time. Stolen, non‐matching, paper dealer or no plates at all. Wires, bundles, circuit boards, electronic components, unusual containers, devices or materials visible in the vehicle.
VBIED Indicators
Anything you recognize as dangerous or explosive in the vehicle. Unknown liquids or materials leaking under the vehicle. Unusual attachments or body work. Heavy load in vehicle evident by sagging in rear (harder to detect on trucks and large vehicles).
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VBIED Indicators
Modification of load springs on vehicles (air shocks, extra leafs etc). Chemical stains, paint peeling from chemicals etc. Odor of petroleum based fuel.
Incident Classification
Bomb Threats Unattended Packages Suspicious Package or Item Confirmed Explosive Device Post Blast
Bomb Threats
Definition ‐ any threat received by any employee or person that an Explosive Device has been or may be left in or around your property. Bomb Threat Check List Evaluation Search Call for advice from bomb squad if needed
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Unattended Packages
Definition ‐ any package which is left in the common areas of the building or grounds which is not suspicious other than the fact that the package has been left behind. Attempt to Locate owner Evaluate Reclassify if necessary Call for advice from bomb squad if needed
Suspicious Package
Definition ‐ any package for which the owner can not be located and it or the circumstances around it are suspicious in nature (IE: visible wires, oil stains, pipes, timers, left in a suspicious way, etc.). Do not touch Isolate and evacuate the area Treat the same as a confirmed explosive device Call for assistance from the Bomb Squad
Confirmed Explosive Device
Definition ‐ Anything which is or appears to be an explosive device; pipe bombs, improvised explosives, etc. Do Not touch!! Isolate and evacuate the area
Call for assistance from the Bomb Squad
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Mail/Letter/Package IED Indicators
Oily Stains, Discolorations or Leaking Powders Strange Odors or Sounds No Return Address/Fictitious Return Address Excessive Weight or Rigid Envelope Uneven or Lopsided Envelope or Package. Protruding Wires, Tinfoil, Electronics, etc. Excessive Securing Materials, Tape, String, etc. Previous Threat
Secondary Devices
A search for secondary or multiple devices is essential in the safety of the responders Search the evacuation area Search the staging area Search the Command post areas Search prior to staging or setting up equipment
Who are the targets of Secondary Devices?
The first responders Bomb Technicians Medical and Fire personnel Police Officers Bystanders Media
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Secondary Device Motives
With some groups the intended target is not the business or location. Their grievance is with the government and/or those responding to the scene to help. If a terrorist group is able to take out a group of responders it does more to cripple those agencies responding.
COURT SECURITY TECHNOLOGY
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COURT SECURITY TECHNOLOGY
Learning Objectives : Basic understanding of current technology as it relates to court protection practices
Familiarize court security personnel with available technology related to court security
Familiarize court security personnel with relevant purchasing, repair, and installation information
COURT SECURITY TECHNOLOGY
CCTV Closed Circuit Television (CCTV) has been around for quite some time. As with all technology, there have been vast improvements in quality and function.
COURT SECURITY TECHNOLOGY
CCTV There are still many analog camera systems which are connected with a coax cable back to a digital recorder of some type. (some courts are still using antiquated VCRs)
The new trend is going to IP (internet protocol) cameras.
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COURT SECURITY TECHNOLOGY
CCTV IP cameras are connected back to a digital recording system via Ethernet cables or wirelessly through the network.
Because of increased capabilities, one IP camera may be able to replace from 3 to 6 analog cameras.
COURT SECURITY TECHNOLOGY
CCTV Pan/Tilt/Zoom (PTZ) With a mouse or joystick, you can control the direction and focus of a particular camera.
COURT SECURITY TECHNOLOGY
CCTV CCTV Capabilities • Log in with password and control the cameras from anywhere that you have access to the internet. • ExportvideotoDVDorThumbdrive. • Search recordings by specific time or movement in the frame.
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Body Cameras
Body Cameras
Many agencies are considering body cameras for personnel. Some agencies are giving priority to personnel that do not have access to patrol video such as court security, school resource officers, and special events personnel.
Body Cameras
There are considerations for privacy issues concerning the use of body cameras as to when and where to activate them and whether persons would have a reasonable expectation to privacy. This has been spurred by the misuse of video by officers who have posted it on the internet. The State of Texas has made it a Class A misdemeanor to post videos without the permission of the agency.
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Body Cameras
This privacy concern extends to the courts and to individual rights to lawyer/client privilege. For this reason, the judge should be consulted about the use of the body cam in the courtroom.
COURT SECURITY TECHNOLOGY
Alarm Systems There are three types of alarm systems that you will see in use in court facilities. 1. Intrusion 2. Fire 3. Duress
COURT SECURITY TECHNOLOGY
Intrusion Alarms All of you are aware of intrusion alarms. Many people refer to them as burglar alarms.
Their design and intent is to detect the unlawful entry of persons onto secure property or into secure areas.
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Intrusion Alarms
Common components of intrusion alarms are: Alarm Panel Door Contacts Motion Sensors Glass Break Sensors Window Contacts Asset Protectors Smoke Sensors Panic/Duress
COURT SECURITY TECHNOLOGY
Intrusion Alarms Intrusion alarms are custom designed to meet the needs of the court facility.
They can be controlled from an outside source via online connection just as video systems.
COURT SECURITY TECHNOLOGY
Fire Alarms Fire alarms are not only necessary to protect the personnel when they are in the building but also the court’s assets. One thing commonly overlooked as an important asset is the court’s records. Those are the most important asset the court owns after the personnel.
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COURT SECURITY TECHNOLOGY
Fire Alarms Fire alarm systems and suppression systems are key parts to protecting the Court’s Assets.
Components of Fire Alarm Systems: Annunciator Panels Alarm Panels Audio Visual A/V’s (Strobes/Horns) Alarm Pulls Smoke Detectors Heat Detectors Water Pressure Detectors
COURT SECURITY TECHNOLOGY
Duress Alarms Many law enforcement agencies prefer the duress alarms that send an immediate radio message to court security personnel giving the location of the alarm.
Others have outside monitored alarm systems. These notifications go to a central monitoring station that notifies the dispatcher by phone that there is an alarm.
Best practice in court security is to monitor your own alarms in house. (Many alarm companies will not tell you that is an option)
COURT SECURITY TECHNOLOGY
Duress Alarms Duress alarms come in two forms, wired and wireless systems.
Wired systems require that all components be attached into the system by a hard wire.
Wireless systems send and receive signals wirelessly to a receiver at the main unit which is stand alone or connected through the network.
In this age of technology many systems are network based and can cover a large are and even building in two different cities on the same network.
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COURT SECURITY TECHNOLOGY
Wireless Duress Alarm Technology • Network Based • Man down pendants • Fixed Buttons • Self Testing and Monitoring • Custom Notification • Radio Transmission • Text • Email
COURT SECURITY TECHNOLOGY
All alarm systems should be tested monthly to insure that they are working.
COURT SECURITY TECHNOLOGY
Access Control Another feature often observed in court security is access control whether it is a manual combination locking doorknob or a more sophisticated electronic locking system. These controls work to prevent the wrong people from entering secure areas.
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Benefits of Access Control Systems
Remote capability to lock and unlock doors
Audit log of who and when personnel utilized a door
Audit log when a door has been forced or held open Capability to restrict or remove access to specific person or group Computer workstations, technical systems and door locks can have access control with audit capabilities, and convenience with a single access control card or identification card. This approach eliminates the need for quantities of mechanical keys and a reduction of passwords an individual has to carry or memorize (FIPS 201 compliance)
Access Control
Components: Controllers Power supply Door strikes Request to exit (REX) Magnetic (Mag) locks Readers Cards/Fobs
Access Control
Readers can be integrated into overhead doors and outside gates providing more security for vehicles entering the grounds.
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Access Control
Access control is only as good as the people managing or using the system.
If the building occupants have no training in security awareness, then they can easily breach their own security by being inattentive.
COURT SECURITY SCREENING BASICS
Identification Cards and Systems Some courts are requiring all visitors to wear a visitor ID badge when inside the court facility. There are a number of ID card systems available that will print visitor ID cards out for persons to attach to their garments. Some are capable of copying the information directly from a government issued identification card and printing it on the pass and at the same time running a TCIC/NCIC check on the person.
JUDICIAL PROTECTION
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JUDICIAL PROTECTION Learning Objectives: Basic understanding of Judicial Protection
Suggested practices to enhance judicial security Suggested personal protection information for judges
Judicial Security
Judicial Security is another hat that you will wear as an officer. There are a number of aspects to consider when performing these duties.
You may be responsible for the judge’s security both outside and inside the facility and sometimes away from the facility.
We are going to look at some of the protection measures involved with judicial protection.
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Judicial Security
Parking lot CCTV coverage of judicial parking and routes to and from the court building Fenced parking if possible Bailiffs should escort judges to and from vehicles Keep parking lots well lit Do not mark judicial parking spaces “judge” or anything that would identify that the space is assigned to a judge Always inspect the interior of the vehicle before getting inside Provide the judge with personal duress alarm
Judicial Security
Building Bailiffs should escort the judge to and from the courtroom Chambers should always remain locked Courtrooms should remain locked when not in use Judges should have emergency plans in place for the following to address all locations in the building: Active shooter Disturbances Severe weather Bomb threat Evacuation Security equipment Panic/Duress alarms CCTV systems Access control systems Designated safe rooms
Judicial Security
Judicial Threats Threat assessment Home security Transportation security Is the judge armed? Qualification with officers is highly recommended.
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Internet Alerts
Internet alerts are an important tool to court security practitioners. There are several free examples: Google Alerts Talkwalker Alerts Social Mention
Internet Alerts
These alerts work based on keywords that you enter. What keywords should you use for security purposes? The Names of Your Judges The Names of Your Court The Name of High Profile Defendants The Name of Your Agency The Name of Anyone or Institution That You are Protecting Once you have entered your requests, you will receive emails anytime the items show up on the web. You can click on the link and go directly to the topic. It may be something that is not relevant to security or it could be someone blogging threats or other information that is highly important.
Personal Protection for Judges
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Personal Protection for Judges
Judges rely on law enforcement for advice regarding personal safety and security. It is important for you as a court security officer to have basic knowledge of personal protection for judges so that you can enhance them in their quest of self protection.
U.S. Marshals Self Assessment
The following questionnaire was developed by the U.S. Marshal Service to assist judges in assessing their own security.
This questionnaire can be downloaded from the U.S. Marshals’ website and should be given to each judge you are responsible for.
The more yes answers to the questions, the more secure the judge is.
Of course, the few yes answers, the less secure they are.
U.S. Marshals Self Assessment
1. I receive security training on an annual basis. Yes______No______I don’t know______2. I report all inappropriate communications and threatening contacts. Yes______No______I don’t know______3. I know the name and contact information of the person I am to report inappropriate communications. Yes______No______I don’t know______4. I take different routes when traveling between home and work. Yes______No______I don’t know______5. I have located safe havens (i.e., police and/or fire stations) along my travel route in the event of a potential threat. Yes______No______I don’t know______
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U.S. Marshals Self Assessment
6. I converse frequently with my law enforcement providers regarding security issues. Yes______No______I don’t know______7. I own a home security system. Yes______No______I don’t know______8. I use my home security system. Yes______No______I don’t know______9. I have had a professional security assessment performed on my residence. Yes______No______I don’t know______10. I check my credit report annually. Yes______No______I don’t know______11. I contact search engines to opt out of my personal information’s availability online. Yes______No______I don’t know______
U.S. Marshals Self Assessment
12. I have a plan at home regarding the handling of mail and package deliveries. Yes______No______I don’t know______13. Is your Internet connection secure to avoid use by others? Yes______No______I don’t know______
U.S. Marshals Self Assessment
Once the judge(s) know(s) that you are responsible for complete the self assessment, you should take the time to work with them on the “no” answers to find ways of improving their security in these areas.
You may want to add more questions to this basic questionnaire to better fit the needs of your courts and agency.
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Judicial Personal Safety Checklist
The following is a checklist for judges from the book “Court Security for Judges, Officers, and other Court Personnel”. While not all inclusive, it gives many options for personal security that judges should consider. Providing this list to your judges will help them in their continuance of self assessment.
Judicial Personal Safety Checklist
Do not reserve your parking space with a sign that says "Judge" or your name. Do not have a personalized license plate or one that says "Judge" on it. This makes you or anyone in or driving your vehicle a target. For some reason, this is one of the most unpopular tips among judges. We ask that you consider your safety and of those riding in your vehicle carefully before deciding to place official license plates on your vehicle. Do not drink from glasses or water pitchers that have been left unattended in the courtroom on the bench. Do not have a listed or published telephone number and address.
Judicial Personal Safety Checklist
If your State has a provision for blocking personal information from property tax rolls, take advantage of it. Do not display photographs of your family member in your office where visitors can see them turn them towards you. Also be careful of posting pictures on social media of your family. Do not announce to the public that you are going out of town for vacation, school or business in public or on social media. Do not update your location on social media, wait until you are not in a location to post information or photos on social media. Do not place your residence address on any campaign materials. Do not have heavy or sharp objects on the bench or your desk where others can grab them.
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Judicial Personal Safety Checklist
Do not answer your door (any door) without first looking through a peephole or knowing who is on the other side. It is best to have video monitoring of all doors at home and for your chambers. Do not use the title "Judge" on your personal checks, credit cards, airline tickets, etc.. Do not use a street address on your personal mail's return address if you can use a post office box address or your office address. Do not put your name on your return address if you use a residence street address and deposit your mail in outgoing office mail. Do not announce your name and phone number on the outgoing message of your home answering machine. Do not tell anonymous callers on your home telephone your name or the phone number they have reached.
Judicial Personal Safety Checklist
Do not tell anyone whether you carry a weapon or have a bulletproof vest. Make restaurant reservations and give fast food orders using a nickname or another name that your will remember and recognize when called, but that will not be so unusual as to attract attention. Do not conduct court sessions or hearings in the absence of a bailiff. Do not allow your staff to tell strangers where you are or your schedule. Do not use restroom facilities that are shared with the public unless unavoidable. Do not leave your lunch sack in a common area accessible to the public. If you do, label it with another name or a symbol.
Judicial Personal Safety Checklist
Do not allow persons in custody of law enforcement officers to be brought to your residence or your chambers. Meet them at your court, the police station, or another location. Do not walk past windows or sit in a courtroom with windows without blinds or curtains. Do not get on elevators with persons you do not know or are not comfortable with. Don't always drive the same route to and from your home and court. Do not arrive at or leave the courthouse at the same exact time every day, instead arrive and leave randomly. Do not leave the courthouse during the day without confidentially letting someone know where you are going, what you are doing, or when you expect to return.
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Judicial Personal Safety Checklist
Do not go to your motor vehicle if someone is watching you that has had business within your court. Either wait, or walk first to a vehicle that is not yours, then act like you forgot something and return to the building. Do not hesitate to call a bailiff to your chamber at the very first hint of a security problem, that is their job. Do not allow anyone to be seated in your office or chamber in your absence without your prior consent. Have an audio recorder and telephone microphone available to record any office or telephone conversation in both your home and office. Do not drive to your street of residence or your home if you even think someone might be following you. Gas is cheaper than your life, so drive another block or two before deciding whether or not to go home. If someone is following you contact law enforcement by phone and drive directly to the nearest law enforcement facility.
Judicial Personal Safety Checklist
Do not try to use your judicial authority or title to perform peacekeeping functions when you are away from your court. You are not a police officer. Do not leave your car unlocked or the windows open. Do not enter or leave the courthouse in darkness if you can avoid it. Do not dine in public restaurants seated near front windows. Do not allow law enforcement officers to enter your courtroom with a weapon if the officers are a party to a case pending in your court. This is especially important in domestic relations cases. Do not open any envelopes or parcels that look suspicious or have no return address, especially if you were not expecting such. Do not continue to talk on the telephone with a person who is hostile or threatening. Attempt to identify them if possible.
Judicial Personal Safety Checklist
Do not throw away any "hate mail". Immediately notify law enforcement personnel for investigation and threat assessment. Keep a file containing such letters (or your notes of conversations) that may be helpful to you and detectives at a later time. Keep a press‐clipping file so that you will know what information the public has received about you. Do not ever let a party or a criminal defendant think that your decision was something "personal" or that you have some dislike or animosity towards them personally. Do not eat food prepared by or served by persons you have had in your courtroom as criminal defendants or losing parties. Do not volunteer personal information to strangers or identify yourself as a judge. If asked, identify yourself as an attorney, a government employee, etc.. Do not be paranoid, but be aware if someone is staring at you or following you in a place other than the courthouse.
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Judicial Personal Safety Checklist
Do not allow strangers to overhear your personal telephone calls. Do not enter your vehicle without first taking a quick examination of the interior and looking for any signs of hidden persons or tampering. Do not run into the hallway if you hear gunshots in the courthouse. Seek immediate cover and have your chambers and courtroom secured. Do not allow anyone to approach the bench without first asking for and receiving your permission. Do not ride in parades unless there are provisions made for security and crowd control. Do not become physically involved in the subduing, chase or apprehension of disorderly persons or escapees. This endangers you and can disrupt court security personnel’s trained response to handling incidents which further endangers everyone in the courtroom.
Judicial Personal Safety Checklist
Do not leave a pistol or other personal protection weapon unsecured in your chambers or on your bench. If you carry a personal protection weapon, it is best to be carried on your person. Do not sit on or behind a bench that is not elevated. Do not sit on a bench that does not have steel plates behind it to stop bullets. Do not use an audible duress alarm that will force a person to quickly "flee or fight". They might fight! Use a silent alarm. Do not hesitate to request additional security for a high risk trial or a high risk person. Do not allow public access to your mail room. Do not issue combination lock codes or building keys without keeping records and periodically changing codes and locks. Do not allow disruptive persons to remain in your courtroom if you can have them legally removed.
Judicial Personal Safety Checklist
Do not ignore or cover up security problems. Report them and have them documented. Do not be afraid to visualize court security problems and think about what you can do to reduce the risks and what options are available to you if the incident occurs. Remember the first rule of risk management “if you can predict it you can prevent it”. Do not leave file cabinets, desk drawers, briefcases, etc. unlocked when you leave your office. Do not leave valuables or sensitive papers in sight and unlocked when you leave your office. This is especially important if building maintenance or cleaning persons will be entering during your absence. Do not forget to have a Personal and Family Information Sheet secured in your office and also filed with the local law enforcement agency so it can be used in an emergency, hostage or kidnapping situation.
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Judicial Personal Safety Checklist
Do not be quoted in the news in such a manner as to make the public think you fear violence nor that you think you are not at risk. Such quotes can be taken either as an invitation or as a challenge. Do not run from the bench if shooting begins. To run is often to expose yourself and cause the assailant to chase you down. Instead drop behind, the bench and exit by crawling to the nearest exit in your escape plan. If there is not an exit available lie flat and remain behind the cover of the bench until clear. Do not allow the news media to show photographs of your family or your residence after there has been an incident of court‐related violence. Do not allow the media to learn the names, ages or schools of your minor children. Do not wear shirts or caps that identify you as a judge while out in public. "Have Gun Will Travel", "Take the Law Into Your Own Hands ‐ Hug a Judge", "Here Comes The Judge", etc. are alright for around the house or while attending judicial seminars, but too risky elsewhere.
Judicial Personal Safety Checklist
Do not be reluctant to ask for (demand?) more money and/or personnel for court security. Do not think that just because you have never had court violence that it will never happen. Do not assume that a duress alarm is in working condition. Test it regularly. Do not allow intoxicated persons to enter or remain in the courthouse. Do not allow anyone to close the door to your chamber other than you, your bailiff or someone you have directed to do so. Do not become intoxicated in public places, therefore becoming vulnerable. Do not appear at campaign fund raising events unless you have arranged for security. Consider control of admission by invitations or limited ticket sales or distribution. Do not take magazines to the courthouse until after you have removed any mailing labels containing your name and address.
Judicial Personal Safety Checklist
Do not forget to wear your judicial robe in the courtroom. It will normally command respect, and like a police uniform, it will make you more difficult to recognize off the bench when you have removed your robe, i.e., your "uniform". Do not personally post or remove your campaign signs if you can have someone else do it for you. Do not transport your judicial robe in your automobile by hanging it up unless it is covered with colored paper or plastic to disguise it. If not covered, lay it flat in your back seat or trunk. Do not leave your Court Security Manual or Security materials where others can access it. Do not campaign door‐to‐door alone. Do not overdo it with your campaign signs at your residence or bumper stickers on your personal vehicles.
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Do not tell the news media (and do not publish reports) about what court security you have in place, and/or what weaknesses your court has that needs improvement. Do not forget that none of the other judges killed or wounded went to work or home thinking they would be attacked. Be aware!. Do not hesitate to move a high risk trial to a high‐security courtroom elsewhere. Do not address a party with a tone of anger or sarcasm in your voice. Do not open unlabeled packages or gifts delivered to your home or office. Do not keep or carry a weapon unless it is in proper working condition and you have been trained in the correct use of it. Best practice if you carry a firearm is to participate in annual firearms training with the law enforcement personnel assigned to your court.
Judicial Personal Safety Checklist
Do not forget to teach your staff and your family what you have learned about judicial security. Do not update any photographs that may be on file with the news media or the government if you can avoid it. An exception is the photograph that should accompany the Personal and Family Information Sheet which is confidentially maintained. Do not let your guard down at home. Practice good security techniques. Do not allow architects to design your courtroom chambers or courthouse without receiving your input. Do not allow budgets to be prepared without providing for court security. Do not operate your court without "Rules of Courtroom Decorum" that are prominently posted and vigorously enforced.
Judicial Personal Safety Checklist
Do not discard sensitive materials or information in your home or office trash in a legible form that could be read by scavengers. Do not photocopy sensitive data without accounting for each original and copy. Do not expect privacy when talking on a cellular telephone or a cordless telephone. Do not return office telephone calls from your residence phone if "Caller I.D." is not in operation in your area and if you do not have "Caller I.D. Blocking". Otherwise, the person you call will obtain a digital readout of your home telephone number. Do not make phone calls on your personal cell to toll free numbers or anyone not in your phone list without pressing #67 to block your information. Do not use hollow core doors on your chambers. Do not use the same courthouse entrance/exit doors as the public if you can avoid doing so.
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Judicial Personal Safety Checklist
Do not allow crowd in courtroom to exceed Fire Code Limit on number of persons. In addition to fire safety, this can be used to exclude unruly or intimidating spectators. Do not be reluctant to have your staff make a "coded" mark on any case file folder that can indicate a potentially violent or unstable person. Do not hire, appoint or accept a courtroom bailiff until you have reviewed his/her resume and if possible, personnel file. Do not unreasonably expose yourself to persons with communicable diseases such as HIV virus, tuberculosis, hepatitis. Take universal precautions.
Judicial Personal Safety Checklist
This list should be reviewed on a regular basis by judges to refresh their memories regarding safety.
Protection of Personal Information
Pursuant to SB 42 judges may now keep their personal information private. Judges should contact taxing entities and elections personnel to see what their local process is to block release of personal information. These codes were updated under SB 42 to permit the blocking of information: Government Code 72.016, 552.117, 572.002, 572.035; Election Code 13.0021, 15.0215; Local Government Code 133.058; Property Code 11.008; Tax Code 25.025
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Basic Court Security Certification
Basic Court Security Certification
You have just completed the training for the TCOLE Basic Court Security Certification. To receive the certification you must make application on the approved form and submit it with $35.00 to TCOLE. Once approved, TCOLE will enter the information on your PSR and issue the certificate to you. If you fail to follow the above procedure you will not receive the certification and will be out of compliance with legislative requirements to hold certification.
TCOLE Court Security Specialist Certification
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TCOLE Court Security Specialist Certification
The TCOLE Court Security Specialist Certification is an intensive 40 hour class designed for court security officers that primarily work in court security as permanent assignment. It is intended to provide professional development to assist those officers in performing better on the job and providing a higher level of service in the court security specialization. This is the next step in becoming a better court security officer.
About the Program
Developed based on comments and requests from law enforcement agencies 40 hour comprehensive court security training program TCOLE credit Curriculum developed by an advisory board after researching other states that have programs
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7 Units of Training
• Introduction to Court Security (4 hours) • Bailiff Functions (4 hours) • Court Security Screening Basics (8 hours) • Explosives Recognition and Awareness (4 hours) • Introduction to Court Security Technology (4 hours) • Court Security Practical Exercise(8 hours) • Court Security Practical Firearms (8 Hours)
§221.41. Court Security Specialist Certificate. (a)To qualify for a court security specialist certificate, an applicant must meet all proficiency requirements, including: (1)be a licensed peace officer or jailer; and (2)successful completion of commission approved courses. (b)A certificate is valid for two years.
(c)To keep the certificate valid, the holder must successfully complete an update course or be assigned primarily as a court security practitioner by the appointing chief administrator once every two years. (d)If the certificate becomes invalid, a holder may obtain a new certificate under the application standards in this section. (e)The effective date of this section is May 2, 2013.
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Conclusion
TCOLE Basic Court Security Constable Jason Johnson Kaufman County Pct. 2
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