LEGAL MARIJUANA COMES TO - 2019 WINTER CONFERENCE - OFFICIAL PUBLICATION OF THE MICHIGAN ASSOCIATION OF CHIEFS OF POLICE
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MICHIGAN POLICE CHIEFS OFFICIAL PUBLICATION OF THE MICHIGAN ASSOCIATION OF CHIEFS OF POLICE WINTER 2019 2019 LEGAL WINTER MARIJUANA CONFERENCE COMES TO PREVIEW MICHIGAN
E WINTER P AT TH RO S TU 55 FES Y 6-8 • VISI S BOOTH IONAL DEVELOP U AR R EB M F EN CONFERENCE • T MMRMA & MACP: Partners in Excellence Providing comprehensive liability & property coverage and superior risk management services to Michigan public entities since 1980 ZZZPPUPDRUJ
CONTENTS MICHIGAN POLICE CHIEFS WINTER 2019.ISSUE 1 FEATURES 10 An Overview of Michigan Regulation and Taxation of Marihuana Act 14 Becoming a Drug Endangered Children Alliance State 16 U.S. Customs and Border Protection Resources for Local Partners 19 30 Estate Planning for Police Officers 20 EMDR: Utility in Law Enforcement Stress and Trauma 24 Winter Professional Development Conference Preview 28 10 Tips for Reducing e-Distraction 30 Opioids Behind the Wheel DEPARTMENTS 28 04 President’s Message 06 Director’s Message 08 Accreditation News 14 34 Member News 44 Supporting Members 46 Advertiser Index 20
PRESIDENT’SMESSAGE I hope this finds you and your families enjoying an excellent start to 2019. The holiday season and the start of a new year are perfect times to reflect on the many blessings we have in our lives. The blessings of family, good health, friendships, the brave men and women in our departments; along with a litany of other life treasures we often take for granted. As I reflect back on the many accomplishments of our Association, the one I am particularly proud of is the establishment of our State Accreditation Program. It seems like yesterday when the Michigan Law Enforcement Accreditation Commission was founded in June 2016. In just one year, we be- stowed full accreditation to our first member police department in June 2017. I would like to congratulate the chiefs and directors from the 10 MACP member agencies who have earned state accreditation through the Michigan Law Enforcement Accreditation Program in the past two years. I applaud you and your vision, your accreditation manager, and the subject matter experts throughout your respective organizations for not only making the commitment to this endeavor, but Chief David E. Molloy also for accepting the challenge of ensuring your policies, procedures, and professional codes meet the highest standards of the accreditation process. It is also an honor to report we have an additional 41 association member police agencies throughout Michigan currently engaged in the accreditation process, with six additional member agencies sched- uled to receive full law enforcement accreditation at our Winter Professional Development Conference. I believe this is something we, as police executives, should all be proud to celebrate and share. Often times a chief or director will ask what I believe the #1 benefit is of working towards accredita- tion. My answer quite simply is this–—as the chief executive, you are committed to changing your agency, making it better, and leaving it more professional and prepared than you found or inherited it. When I think of the change process you experience in accreditation, I am reminded of a quote by George Bernard Shaw, “Progress is impossible without change, and those who cannot change their minds cannot change anything.” By earning accreditation from the Michigan Law Enforcement Accreditation Program, you and your team voluntarily demonstrate your commitment to professional excellence in law enforcement. The standards used to substantiate our accreditation award are based upon current trends in thinking and ...we have an the professional experience of law enforcement practitioners, researchers, and experts. By achieving this high recognition, you are telling your community members, department members, and elected leaders additional 41 that you and your organization are committed to enhancing your operations in dozens of professional facets. Most importantly, I believe accreditation establishes an enhanced level of trust and accountability between your organization and the community members you faithfully and bravely serve. police agencies So, as we gather at our annual Winter Professional Development Conference, I would ask you to re- currently flect on what you can do to make your organization better. If you are seriously committed to leaving a legacy of leadership and a commitment to excellence, I would strongly encourage you to explore engaged in the the many benefits of our Michigan Law Enforcement Accreditation Program. accreditation As your 2018–2019 President, I remain committed to enhancing our Association and all member agencies. If there is ever anything I can do to assist you or any member of your team, please do not hesitate to contact me. In closing, please join me in praying every day for all of our officers, deputies, process... troopers and agents as they work bravely to protect our communities and keep us safe. 4 WINTER 2019
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DIRECTOR’SMESSAGE As I began writing my column for this edition (which was going to be about all the great features of our website), the festive, pre-Christmas mood in our office suddenly turned somber. The deaths of two Chicago police officers had just been posted on the Officer Down Memorial Page. Police Officers Conrad Gary and Eduardo Marmolejo died on December 17th after being struck by a train while en- gaged in a foot pursuit of a suspected armed subject. Both were young officers who left behind wives and children. They became the 144th and 145th police officers killed in the line of duty in 2018 and the 2nd and 3rd Chicago officers killed in a foot pursuit last year. It was upon hearing this news that I decided to change my article topic from website features to the dangers of foot pursuits. My passion for this topic began on January 17th, 2011, when one of my of- ficers, Larry Nehasil, was shot and killed while engaged in a foot pursuit. Of the 145 police officers killed in the line of duty in 2018, 12 were engaged in foot pursuits. To put that in perspective, nearly 10% of the police officers killed in the line of duty in 2018 were engaged in foot pursuits. Robert Stevenson Officers Gary and Marmolejo most likely stepped into the path of that speeding train because their bodies reacted to the well documented “flight or fight response” (also known as “acute stress re- sponse”). It is where your body reacts by locking onto the threat directly in front of you, causing your peripheral vision to decrease, also commonly known as tunnel vision. I cannot help but wonder if they ever received training regarding and warning them of this phenomenon. Have your officers? The circumstances of the other officers killed in foot pursuits in 2018 were wide-ranging. The first Chicago officer killed during a foot pursuit in 2018 had pursued an armed subject alone into a stair- well. Others were killed while chasing a suspect into an alley, into a house, fleeing a traffic stop, and running from a crime scene. In some of these incidents, the officer had advance notice that the sus- pect was armed and in others, it was probably a complete surprise. I wonder if their departments had a foot pursuit policy. Does yours? It is well documented that foot pursuits are inherently dangerous for our officers. Fleeing suspects are often also injured. It should be no surprise as they are already exhibiting active resistance by flee- ing. When apprehended, many suspects continue to resist and are likely to be injured doing so. The same is true for many of your officers and my main concern is having your officers survive the foot ...nearly 10% pursuit uninjured. of the police Gordon Graham has a simple saying, “that nearly every bad outcome is predictable and thus prevent- able.” It is predictable that some criminals will flee and our officers will pursue them. The question is officers killed in how to prevent, or lessen, the likelihood of injury to our officers during these pursuits? We join the IACP in their belief that a foot pursuit policy is the answer. the line of duty The Michigan Law Enforcement Accreditation Commission stipulates a foot pursuit policy as one of the required standards for accreditation. The necessary elements of such a policy are listed with- in 2018 were in standard 3.5.7 in the Accreditation Manual, found under the “Accreditation” tab on our website. engaged in foot If you have not already done so, please review this standard. Sample foot pursuit policies can be ob- tained from any of the Michigan accredited agencies or the IACP. Make 2019 the year that your agen- pursuits. cy institutes a foot pursuit policy to manage the inherent risks of a foot pursuit. 6 WINTER 2019
S AT THE WINTER TU P I 54 RO RUARY 6-8 • VIS FESS BOOTH IONAL DEV EB ELO •F PM ENT C ERENCE ONF CONSIDER THIS A WARNING. Officer brain health is in danger. Research shows that police officer occupational stress is directly related to higher rates of heart disease, divorce, anxiety, alcohol abuse, and depression. Robertson Research Institute’s “Protect the Protectors” program is a proven solution with long-term benefits that addresses the root of the problem – brain chemistry. Partnering with first responders since 2016, the program has reported significant improvement in health, performance, and relationships. We’re here to help. Learn more at robertsonresearchinstitute.org The smarter way to improve health & performance
ACCREDITATIONNEWS The Professional Development section of the MACP has been very busy these last few months. As soon as the Summer Professional Development Conference was over, the planning began for the up- coming Winter Professional Development Conference in February 2019 in Grand Rapids. I would like to thank all of the MACP members who sent in training ideas—your suggestions were excellent. I would also like to take this opportunity to thank the Training and Education Committee for their dedication and time reviewing the suggestions and developing a great training agenda for the 2019 Winter Professional Conference. Our law enforcement accreditation program continues to grow and currently has over 40 depart- ments involved in various stages of the accreditation process. After the commission meets in February, we are expecting to have 16 fully accredited law enforcement agencies in Michigan. The leaders of those agencies should be applauded for their commitment to professionalism and commended for understanding the value of the accreditation program. As described by Chief Charles Nebus of the Farmington Hills Police Department, “The accreditation process is a source of pride for the entire de- Neal Rossow partment. It demonstrates each police officer’s commitment to superior policing and professional 21st century policing standards. The two-year accreditation process helped the department to review and improve policies, training, efficiency, and effectiveness.” At the risk of sounding like a broken record, I challenge our police leaders to become involved in the accreditation process. While a number of agencies have already committed to the accreditation process, we have had representatives from over 100 departments attend our Accreditation Manager Training. There are over 60 agencies that understand the value of the accreditation process, but they have not yet applied. A common response from those agencies is that they are “getting ready to get ready” to enter the process. I would urge those 60 agencies to apply and get the “clock ticking.” My experience is that most agencies who continue to prepare for the process will never “get ready” be- ...we are cause the preparation gets placed on the back burner. The law enforcement accreditation process represents a significant step towards improving the law enforcement services to the communities you expecting to serve and is well worth the time and effort to achieve. Finally, I want to extend our appreciation to former Chief Mike Reaves for his dedicated service to the have 16 fully Michigan Law Enforcement Accreditation Commission. When the Commission was being formed, Mike volunteered to become part of the program. He was appointed as one of the original commis- accredited law sioners and was elected by the body to be the first Accreditation Commission Chairperson. He was chief of the Port Huron Police Department at the time and quickly applied to be one of the first agen- enforcement cies involved in the accreditation process, receiving their accredited status in February of 2018. Mike has demonstrated his commitment to improving law enforcement services in Michigan and his ded- agencies in ication to the citizens of the State of Michigan. Thanks again Mike and good luck with your new endeavor. Michigan. See you in February at the 2019 Winter Professional Development Conference! 8 WINTER 2019
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FEATURE AN OVERVIEW OF MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT BY KENNETH STECKER AND KINGA GORZELEWSKI CANIKE Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure; On November 6, 2018, Michigan became the first state in the • Consuming marihuana in a public place or smoking marihua- Midwest to legalize recreational marihuana. It now joins nine na where prohibited by the person who owns, occupies, or other states, the District of Colombia, and Canada who have all manages the property, except for purposes of this subdivision a passed similar laws. The new law went into effect on December 6, public place does not include an area designated for consump- 2018 and is officially called the Michigan Regulation and Taxation tion within a municipality that has authorized consumption in of Marihuana Act (MRTMA). Though the new law will need to designated areas that are not accessible to persons under 21 work its way through the legal system, the following article pro- years of age; vides a brief overview on what is currently stated in the law. • Cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other THE ACT ALLOWS THE FOLLOWING optical aids or outside of an enclosed area equipped with locks • Allows a person, 21 years of age or older to possess, use or or other functioning security devices that restrict access to the consume, internally possess, purchase, transport, or process area; 2.5 ounces or less of marihuana, except that not more than 15 • Consuming marihuana while operating, navigating, or being in grams of marihuana may be in the form of marihuana concen- physical control of any motor vehicle, aircraft, snowmobile, off- trate. Section 5.1(a). road recreational vehicle, or motorboat, or smoking marihuana • Allows a person 21 years of age or older to possess, store, and within the passenger area of a vehicle upon a public way; process not more than 10 ounces of marihuana and any mari- • Possessing marihuana accessories or possessing or consuming huana produced by marihuana plants cultivated on the prem- marihuana on the grounds of a public or private school where ises and cultivate not more than 12 marihuana plants for per- children attend classes in preschool programs, kindergarten sonal use, provided that no more than 12 marihuana plants are programs, or grades 1 through 12, in a school bus, or on the possessed, cultivated, or processed on the premises at once. grounds of any correctional facility; or Section 5.1(b). • Possessing more than 2.5 ounces of marihuana within a per- • Allows a person to assist another person who is 21 years of age son’s place of residence unless the excess marihuana is stored or older. Section 5.1(c). in a container or area equipped with locks or other functioning • Allows a person to give away or otherwise transfer without re- security devices that restrict access to the contents of the con- muneration up to 2.5 ounces of marihuana, except that not tainer or area. Sections 4.1(a) – 4.1(i). more than 15 grams of marihuana may be in the form of mar- ihuana concentrate, to a person 21 years of age or older, as MUNICIPALITY’S ROLE long as the transfer is not advertised or promoted to the public. • Allows municipalities to limit the number of marihuana estab- Section 5.1(d). lishments within their boundaries or prohibit them altogeth- er. Municipalities may also adopt other ordinances regulating WHAT IS PROHIBITED marihuana establishments within their boundaries. Section 6.1. • Operate, navigate, or being in physical control of any motor • Allows individuals to petition to initiate an ordinance to pro- vehicle, aircraft, snowmobile, off-road vehicle, or motorboat vide for the number of marihuana establishments allowed with- while under the influence of marihuana; in a municipality or to completely prohibit marihuana estab- • Transfer of marihuana or marihuana accessories to a person un- lishments within a municipality. Section 6.1. der the age of 21; • Any person under the age of 21 to possess, consume, pur- MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY chase or otherwise obtain, cultivate, process, transport, or sell AFFAIRS ROLE marihuana; Implements the act, including developing a process for state li- • Separation of plant resin by butane extraction or another meth- censure and writing rules for administering the act for the follow- od that utilizes a substance with a flashpoint below 100 degrees ing licenses: 10 WINTER 2019
• Marihuana retailer; CIVIL/CRIMINAL PENALTIES • Marihuana safety compliance facility; Section 15 of the act provides as follows: • Marihuana secure transporter; A person who commits any of the following acts, and is not • Marihuana processor; otherwise authorized by this act to conduct such activities, may • Marihuana microbusiness; be punished only as provided in this section and is not subject • Class A marihuana grower authorizing cultivation of not more to any other form of punishment or disqualification, unless the than 100 marihuana plants; person consents to another disposition authorized by law: • Class B marihuana grower authorizing cultivation of not more than 500 plants; • Class C grower authorizing cultivation of not more than 2,000 plants. Section 9.1. LANDLORD/EMPLOYER RIGHTS This act allows a person to prohibit or otherwise regulate the consumption, cul- tivation, distribution, processing, sale, or display of marihuana and marihuana acces- sories on property the person owns, oc- cupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and con- suming marihuana by means other than smoking. Section 4.1 4. This act does not require an em- ployer to permit or accommo- date conduct otherwise al- lowed by this act in any workplace or on the em- ployer’s property. This act does not prohibit an employer from disciplining an employee for vi- olation of a work- place drug policy or for working while under the influence of marihuana. This act does not prevent an employer from re- fusing to hire, discharging, disciplining, or otherwise taking an adverse em- ployment action against a person with respect to hire, tenure, terms, con- ditions, or privileges of em- ployment because of that per- son’s violation of a workplace drug policy or because that person was work- ing while under the influence of marihuana. Section 4.1 3. MICHIGAN POLICE CHIEFS 11
FEATURE (b) for a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and for- feiture of the marihuana; (c) for a third or subsequent violation, is guilty of a misdemean- or and may be punished by a fine of not more than $2,000 and forfeiture of the marihuana. 3. Except for a person who engaged in conduct described by sec- tion 4(1)(a), 4(1)(d), or 4(1)(g), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants: (a) for a first violation, is responsible for a civil infraction and may be punished as follows: (1) if the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling; or (2) if the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marihuana. This act does not prohibit an employer (b) for a second violation, is responsible for a civil infraction and may be punished as follows: from disciplining an employee for (1) if the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the violation of a workplace drug policy or marihuana, and completion of 8 hours of drug education or counseling; or for working while under the influence of (2) if the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marihuana. marihuana. 4. Except for a person who engaged in conduct described in sec- 1. Except for a person who engaged in conduct described in tion 4, a person who possesses more than twice the amount of sections 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(g), or 4(1)(h), a marihuana allowed by section 5, cultivates more than twice the person who possesses not more than the amount of marihuana amount of marihuana allowed by section 5, or delivers without allowed by section 5, cultivates not more than the amount of mar- receiving any remuneration to a person who is at least 21 years of ihuana allowed by section 5, delivers without receiving any re- age more than twice the amount of marihuana allowed by section muneration to a person who is at least 21 years of age not more 5, shall be responsible for a misdemeanor, but shall not be subject than the amount of marihuana allowed by section 5, or possess- to imprisonment unless the violation was habitual, willful, and for es with intent to deliver not more than the amount of marihuana a commercial purpose or the violation involved violence. allowed by section 5, is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the ALL OTHER LAWS marihuana. All other laws inconsistent with this act do not apply to conduct that is permitted by this act. Section 4.1 5. 2. Except for a person who is engaged in conduct described in sec- tion 4, a person who possesses not more than twice the amount Please consult your local prosecutor before adopting practices of marihuana allowed by section 5, cultivates not more than twice suggested by reports in this article. The court decisions in this the amount of marihuana allowed by section 5, delivers without article are reported to help you keep up with trends in the law. receiving any remuneration to a person who is at least 21 years Discuss your practices that relate to these statutes and cases with of age not more than twice the amount of marihuana allowed by your commanding officers, police legal advisors, and the prose- section 5, or possesses with intent to deliver not more than twice cuting attorney before changing your practices in reliance on a re- the amount of marihuana allowed by section 5: ported court decision or legislative changes. (a) for a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfei- Kenneth Stecker and Kinga Gorzelewski Canike, Traffic Safety Resource Prosecutors, at ture of the marihuana; (517) 334-6060 or e-mail at steckerk@michigan.gov or gorzelewskik@michigan.gov. 12 WINTER 2019
E WINTER P T TH RO SA U 72 FES RY 6-8 • VISIT S BOOTH IONAL DEVELOP R UA EB M F EN CONFERENCE • T MICHIGAN POLICE CHIEFS 13
FEATURE IS MICHIGAN READY? BECOMING A DRUG ENDANGERED CHILDREN ALLIANCE STATE BY JULIE A. KNOP Incorporating the DEC approach into all a broader perspective, and the creation of aspects of law enforcement takes leader- local alliances that have proven to be very On November 1, 2018, Michigan official- ship, vision, commitment, perseverance, effective in making sure drug endangered ly became a Drug Endangered Children (DEC) alliance state. The National Alliance The DEC approach is inherently a community policing approach for Drug Endangered Children (National DEC) is a national training and resource under which law enforcement works closely with other disciplines center for states, tribes, and local commu- and agencies to create effective solutions to the risks faced by nities addressing the impact of substance abuse on children. children exposed to drugs and its related violence and abuse. National DEC brings disciplines such as and creativity. The DEC approach is inher- children do not fall through the cracks of law enforcement, child welfare, teachers/ ently a community policing approach un- our criminal and child welfare systems. school personnel, medical, court/judicial der which law enforcement works close- personnel, treatment/service providers, ly with other disciplines and agencies to Since its inception in 2006, National DEC and others together to better identify chil- create effective solutions to the risks faced has worked with thousands of profession- dren at risk or in need of help, implement by children exposed to drugs and its re- als across the country to develop training strategies and promising practices, and in- lated violence and abuse. This collabora- programs that provide tools for reducing stitutionalize efforts for long term needs. tive approach results in greater resources, the risks of abuse and neglect of children 14 WINTER 2019
in drug environments. We hope that this ers regarding implementation and train- guide is another tool to help that mission. ing. They are also available to train your law enforcement professionals along with It is intended to be a practical road map others on the DEC approach. There is no on how to take the knowledge we have charge for this training. Together we can about the risks faced by drug endangered protect Michigan’s children and provide children and to identify ways that we all protection and services that enhance their can work more effectively together to re- paths in life. duce those risks. This guide incorporates the collective experience of law enforce- For further information, please visit http://www. ment professionals from across the coun- nationaldec.org/goopages/pages_downloadgallery/ try who have helped create and participate download.php?filename=30758.pdf&orig_name=cops- in local DEC alliances which they firmly guide_law_enforcement_2.pdf&cdpath=/cops-guide_ believe have significantly improved efforts law_enforcement_2.pdf%C2%A0 and http://www. to protect children in their communities. nationaldec.org/goopages/pages_downloadgallery/ download.php?filename=30759.pdf&orig_name=cops- promising_practices.pdf&cdpath=/cops-promising_ Twelve professionals from across the state practices.pdf%C2%A0 in the field of child abuse and neglect were certified as National DEC trainers. This Julie Knop is the Director of the Child Abuse Unit at the initiative is spearheaded by the Michigan Prosecuting Attorneys Association of Michigan. They pro- State Police and works collaborative- vide training on child abuse topics to thousands of profes- ly with many organizations dealing with sionals each year, specializing in Forensic Interviewing. For child abuse. The trainers are available to more information, please check their website at michigan- come to your area and speak to your lead- prosecutor.org. AT THE WINTE US R IT 90 PR VIS OFE BOOTH ARY 6-8 • SSIONAL DEV EB R U •F EL OP CE MEN T CONFEREN Public Safety’s Technical Solutions visit our site at www.clemis.org MICHIGAN POLICE CHIEFS 15
FEATURE U.S. CUSTOMS AND BORDER PROTECTION RESOURCES FOR STATE AND LOCAL PARTNERS BY DAVID HAMPTON along the Great Lakes. The state is also It is important to note these resources home to three of the CBP’s major op- are not exclusively reserved for jurisdic- At U.S. Customs and Border Protection erational components: Air and Marine tions situated directly on the border. The (CBP), the mission is to safeguard Operations, U.S. Border Patrol, and the CBP recognizes that homeland security America’s borders, protecting the pub- Office of Field Operations. These com- threats—such as human traffickers and lic from dangerous people and materi- ponents have assisted local law enforce- transnational criminal organizations—do als while enhancing the nation’s global ment in many ways, from providing ae- not end at the border. Consequently, re- economic competitiveness by enabling rial support during search and rescue sources are made available to all partners. legitimate trade and travel. Although missions to U.S. Border Patrol supporting the CBP is the largest component of the law enforcement agencies tracking a fugi- TRAINING Department of Homeland Security, with tive. Due to their respective jurisdictions’ The CBP’s Border Patrol Training over 60,000 employees, it still relies on proximity to the CBP and the northern Academy provides free training to law en- state, local, and tribal law enforcement border, Michigan police chiefs have ac- forcement partners at its headquarters in partners to assist with preserving the na- cess to a vast array of resources such as Artesia, New Mexico and, when resourc- tion’s security. Through partnerships with training, intelligence and information es permit, local partners’ facilities. The local law enforcement, the CBP enhanc- sharing, grants, and laboratory and fo- Border Patrol Training Academy’s cours- es its collective capabilities to detect and rensic services. es provide officers with unique skill-sets interdict threats before they reach our that may not be offered locally due to re- communities. The CBP offers a variety of resources to source constraints. Michigan police chiefs to help their de- The CBP maintains a large presence in partments carry out their public safety The following exportable courses, which Michigan, with multiple ports of entry and homeland security responsibilities. can be administered locally, include: 16 WINTER 2019
• Below 100: This program concentrates and other practical law enforcement telligence locally is through integration on the use of safety equipment and scenarios. and regular collaboration with the Detroit enhanced situational awareness. The Border Patrol Sector’s Intelligence Unit at initiative serves as an instrument to Other courses include honor guard train- Selfridge Air National Guard Base. This improve operational practices and en- ing, use of weapon-mounted lights, peer unit generates targets of interest, provides hance officer safety. support programs and vehicle interdiction analytical support, and generates intelli- • Individual First Aid Kit/Tourniquet: (provided at Artesia, New Mexico location gence assessments utilized to increase vis- An eight-hour program to provide only). ibility for its operational components and skills and tools to treat traumatic field partners in the region. Through this inte- injuries. The CBP can also assist local police de- grated approach, the CBP is able to main- • Survival Spanish: A 40-hour course to partments with canine training programs. tain awareness of criminal organizations teach basic Spanish communication The CBP has trained over 450 of its opera- that exploit the international boundaries skills needed to perform fundamental tional canine teams to detect fentanyl and of the United States as part of their dai- tasks by law enforcement officers to in- other forms of contraband (e.g., firearms, ly procedures. The unit provides visibili- clude, but not limited to, vehicle stops, narcotics, currency). ty, from an intelligence standpoint, to the armed encounters, domestic response Detroit Sector command staff, state, lo- and first aid. INTELLIGENCE AND cal, and other federal agencies, as well • Tactical Medical/Combat Casualty Care: INFORMATION SHARING as serves as a medium for communicat- This 40-hour program deals with the The CBP’s intelligence enterprise provides ing with the Border Patrol’s Northern three stages of combat medical care— analyses on a variety of topics includ- Border Coordination Center. The center hot zone, warm zone, and cold zone— ing counterterrorism, counterintelligence, serves as the Border Patrol’s central infor- and features combat lifesaving tech- alien smuggling, narcotics trafficking, mation intake and coordination frame- niques, scenario-based active shooter transnational criminal organizations and il- work, addressing current and emerging training in various environments, licit trade. One mechanism for sharing in- threats along the U.S./Canada border. THE WINTE S AT RP TU BOOTH RO SI UARY 6-8 • VI 152 FES SIONAL DEVE EB R •F LO PM ENT CE CONFEREN Providing Innovative Investigation, Risk Management and Security Solutions in Support of Government and Law Enforcement Agencies. • Pre-employment background screenings About Mackinac Partners’ Investigations, Risk and Dispute Advisory Group • Municipal building security and risk assessments Our Investigations, Risk and Dispute Advisory professionals draw upon extensive local, state and federal law enforcement • Security plans and controls experience, and from a diverse set of disciplines and backgrounds, to deliver creative solutions to address risks and • Inventory control and property room audits offer comprehensive investigative consulting services. With • Independent investigations and digital a nationwide presence and a headquarters in Detroit, our forensics group tailors solutions for municipalities and law enforcement agencies—focusing on mitigating risk, enhancing security • Litigation and dispute support controls, and providing independent investigative advisory and • Title IX investigations audit support. www.mackinacpartners.com/services/investigations-risk-dispute-advisory/ Contact Us (248) 258-6900 (Main Office) (248) 410-3839 (Sr. Managing Director Direct Line) kcronin@mackinacpartners.com MICHIGAN POLICE CHIEFS 17
FEATURE Focusing primarily on countering ter- mation among law enforcement partners, duplicate and recover video and audio re- rorism and illicit criminal networks, the drug chemists, toxicologists, medical ex- cordings for its law enforcement custom- framework serves to strengthen risk-in- aminers and coroners. ers. The Chicago laboratory also has the formed, intelligence-driven law enforce- expertise and equipment to perform dig- ment efforts by promoting operational GRANTS ital media extraction and analysis on a integration and collaboration with domes- The purpose of the Department of wide variety of electronic devices. If need- tic and international partners. In addi- Homeland Security’s $85 million ed, the directorate can provide Tier 3 level tion to sharing information through local Operation Stonegarden is to support joint support to include advanced forensic un- personnel, the CBP disseminates sensi- efforts to secure the United States’ borders locking capabilities and device repair to Under the operation, participating law enforcement agencies on or near an international border, including bodies of water, are eligible to receive grant funding that can be used to pay for equipment, overtime, training, and other allowable expenses in accordance with the operation’s regulations. tive but unclassified intelligence products along routes of ingress from international other law enforcement agencies. Although via the Homeland Security Information borders. Under the operation, participat- priority is given to the CBP and other fed- Network. The CBP and other Department ing law enforcement agencies on or near eral law enforcement agencies, the direc- of Homeland Security components (e.g., an international border, including bod- torate may provide forensic assistance to U.S. Secret Service, Office for Intelligence ies of water, are eligible to receive grant local law enforcement agencies. and Analysis) use this secure online plat- funding that can be used to pay for equip- form to share information on a variety of ment, overtime, training, and other al- BUILDING PARTNERSHIPS AND public safety and homeland security-relat- lowable expenses in accordance with the REQUESTING THE CBP’S ASSISTANCE ed issues. operation’s regulations. In general, law The CBP values the role of local law en- enforcement agencies supporting U.S. forcement partners in preserving home- The information shared between the CBP Border Patrol operations that are located land security and looks forward to fu- and its partners is not always law enforce- in counties situated directly on the bor- ture opportunities for partnership. Police ment sensitive and often involves collabo- der (referred to as “Tier 1” entities), those chiefs with questions about CBP opera- ration between law enforcement agencies that are adjacent to counties situated on tions, policies, or programs are encour- and associations at the local, state, and the border (Tier 2), and those adjacent to aged to contact the Intergovernmental federal level. For example, the CBP col- the latter counties (Tier 3), are eligible for Public Liaison office at cbp-intergovern- laborated with the multiple federal exec- Operation Stonegarden funding. mental-public-liaison@cbp.dhs.gov. utive branch agencies (e.g., Department of Justice) and 24 law enforcement associa- LABORATORY AND FORENSICS In addition to answering questions about tions to create “Fentanyl: The Real Deal,” a ASSISTANCE resources, the liaison can connect agencies video for first responders who may handle The Laboratories and Scientific Services with CBP leadership (e.g., Border Patrol fentanyl. The video addresses factual inac- Directorate is the CBP’s forensic and scien- sector chiefs, Office of Field Operations curacies associated with handling fentanyl tific arm, providing forensic and scientific directors, and Air and Marine branch di- and provides recommendations for treat- testing in the area of trade enforcement, rectors) in their area, so local partners can ment if an officer is inadvertently exposed weapons of mass destruction, intellectu- establish contacts and relationships pri- to the substance. al property rights and narcotics enforce- or to emergencies. The CBP looks for- ment. The directorate’s Chicago labora- ward to collaborating with Michigan po- Finally, on a national level, the CBP’s tory, which includes Michigan, provides lice departments to protect the people of Laboratories and Scientific Services hosts traditional forensic support services, such Michigan and the United States. a Scientific Trends Online Network as illicit narcotic analysis and latent print Exchange call through the High Intensity examination to law enforcement agencies. David Hampton is Law Enforcement Branch Chief of the CBP Drug Trafficking Area program for the Additionally, the Chicago laboratory has Intergovernmental Public Liaison Office. He can be contact- purposes of exchanging drug trend infor- the capability to enhance, authenticate, ed at cbp-intergovernmental-public-liaison@cbp.dhs.gov. 18 WINTER 2019
FEATURE ESTATE PLANNING FOR POLICE OFFICERS: A CALL TO ACTION BY BRANDON GRYSKO without a will, Michigan law—rather than were 135 police line-of-duty deaths and the person’s wishes— mandates how prop- the average fallen officer was just 43 years Platinum musician Prince died in 2016, erty is distributed. It would be nice to have old. Of those 135 officers (if we borrow leaving a multi-million-dollar estate and no a say in what happens to the property that the 2016 Gallup numbers), only 47 of will. Just two years later, Aretha Franklin you worked hard to acquire, or that may them had wills. Bear in mind, those num- also passed away without a will. Although have been passed down to you by your bers do not factor in more complex es- both artists commanded powerful voices parents or grandparents. Are you willing to tate-planning strategies, like trusts and/or in life, sadly, in death, neither has any say leave that decision up to the government? medical and financial powers of attorney. in what happens to his or her legacy. You Estate planning is not just for front-line of- might be thinking, “Where’s he going with Police officers have concerns that the gen- ficers. While line-of-duty deaths are a ma- this in a police magazine?” This is a brief in- eral civilian population may not necessar- jor concern, there are thousands of police troduction to estate planning along with a ily think about, such as: who makes med- officers in the country, including many call to action. As you read along, reflect on ical and financial decisions if they become who work in an administrative capaci- yourself, your family, and everything you incapacitated? Under MCL 700.5501, an ty, that need to consider having an Estate have worked hard and sacrificed for. By the end, I hope you understand that—if you Police officers deserve the peace of mind that comes take action—your voice can do what those megastars’ voices never could. from knowing that their family’s personal and “Estate Plan” is a broad term, but gener- financial affairs are in order before hitting the streets. ally it is used to describe a strategy that officer could appoint a power of attorney Plan. A study of police officers in Buffalo, provides for various personal and finan- for financial matters and MCL 700.5506 New York found that the life expectan- cial matters both before and after death. allows an officer to appoint a “patient ad- cy of the average officer was significantly What is right for one person may not be vocate” for medical-type decisions. An of- lower than that of the average American. right for another, which is why there is a ficer who has not appointed someone to Officers face not only the inherent risk of variety of legal options available in prepar- make these decisions runs the risk of leav- line-of-duty death, but also an overall re- ing an Estate Plan for you and your family. ing it up to the courts to determine guard- duced life expectancy. If you choose to do it all yourself (which ianship for care and custody (see MCL I strongly advise against), you need to 700.5303) and conservatorship for finan- As a former police officer, I recall hear- become an expert on the Estates and cial matters (see MCL 700.5401). Having ing many times the old adage, if you fail Protected Individuals Code, MCL 700.1 powers of attorney prepared now will pre- to prepare, you’re preparing to fail. That to 700.8206—it is only 200 pages of light vent your family from potentially having saying is just as applicable to estate plan- statutory reading! to go to court to sort those matters out ning as it is to range training or defensive during a highly stressful and emotional tactics. An officer’s job requires incredi- There are so many issues involved in draft- time. ble sacrifices. Officers and their families ing a comprehensive Estate Plan. For exam- deserve to have a voice. You may not feel ple, someone with minor children may want Police officers deserve the peace of mind the need for an Estate Plan right away. to consider naming a guardian and conser- that comes from knowing that their fami- But when you take the initiative to pre- vator for their children, which is allowed ly’s personal and financial affairs are in or- pare for that unforeseeable and unfortu- under MCL 700.5202. If you have a spe- der before hitting the streets. According nate event, you and your family will have cial-needs child, you will require addition- to Daniel McKenna, President of the Wills peace of mind in knowing that you creat- al consideration, both in terms of who you for Heroes Foundation, a majority of first ed an Estate Plan to address your wishes want to provide care for the child and how responders do not have wills. Anecdotal and concerns. you structure your Estate Plan. Unmarried evidence suggests that the percentage of Brandon Grysko is an attorney for the law firm of Fausone couples have unique issues, so one must not first responders without wills is as high Bohn where, among other things, he serves as an assistant assume that a long-term partner is automati- as 80% to 90%. A 2016 Gallup Poll indi- city attorney working on police issues. He also represents cally entitled to a share of your property. cated that 66% of Americans do not have private clients in areas like labor and employment law, and wills. Just 14% of those under the age of commercial law. Before becoming an attorney, Brandon was An “estate” includes much of the proper- 30 have a will and only 35% of those be- a Livonia Police Officer for over six years. Brandon can be ty of a deceased person. If someone dies tween 30 and 49 have one. In 2017, there reached at (248) 912-3240 or bgrysko@fb-firm.com. MICHIGAN POLICE CHIEFS 19
FEATURE EYE MOVEMENT DESENSITIZATION AND REPROCESSING: UTILITY IN LAW ENFORCEMENT STRESS AND TRAUMA BY SARA M. EKLOVE AND and deeply impacts an individual’s sense EMDR can be described as targeting un- STEPHEN J. DARLING of self. When a person is negatively im- processed (or incorrectly filed) memories pacted by their trauma history, a number that trigger negative emotions, sensations We have all likely heard the saying, “some of symptoms may emerge: or beliefs, and allowing the brain anoth- things you just cannot unsee,” and based • Intrusive Thoughts: Flashbacks, up- er opportunity to “digest” and reorganize on our work with law enforcement offi- setting nightmares or recurrent distress- them into the correct file folder within cers who have been exposed to horrific ing memories. your brain. scenes and critical incidents, it is safe to • Avoidance: Staying away physically say that especially rings true for this pop- from the location of the traumatic event EMDR has been extensively researched ulation. “Mental toughness” is one of the or refusing to talk about it. and proven effective for the treatment of most important, but often times the most • Negative Changes: Developing a sense trauma. overlooked, part of policing. Reaction of hopelessness about the future, adopt- times need to be sharp and gears shifted ing a more negative outlook, spotty FROM THEORY TO ACTION quickly. When an officer has experienced memories, feelings of detachment or a EMDR can seem both mysterious and in- a one-time traumatic event, or if he or lack of engagement with people and ac- timidating, so let’s take a minute to clarify she has a lifetime of traumatic memories, tivities previously enjoyed. what it looks like. some individuals can suffer from symp- • Emotional Reactions: Being easily toms of Post-Traumatic Stress Disorder; startled, increased hyper-vigilance, STEP 1: GETTING TO nightmares, flashbacks, cognitive errors self-destructive behaviors, im- KNOW ONE ANOTHER and other negative manifestations. Much pacted sleep patterns, inability to It is important that be- like a file cabinet, our brain is the file cab- concentrate, overwhelming guilt, fore some of the chal- inet for our memories. When a document and/or increased irritability. lenging work of EMDR is incorrectly filed at work, it can create can be addressed, you havoc when attempting to locate it. And When these symptoms arise, an indi- and your clinician sometimes, when a traumatic memory is vidual is considered to be at higher risk must have incorrectly filed in our brains, that memo- for ending their career prematurely, a posi- ry becomes frozen or stuck in the brain— suicidal thoughts and increased tive which is an entirely different type of havoc mental health conditions. if this memory is triggered by reminders. OPTIONS AND DEFINING THE PROBLEM EVIDENCE-BASED When memories are incorrectly filed in PRACTICES our brains, they can create an array of in- Eye Movement Desens- terpersonal and psychological problems in itization and Reproc- an individual’s life. When these memories essing (EMDR) emerged are activated, even in unconscious pro- as a treatment modality cess, the long lasting negative effects can over 30 years ago and is interfere with the way a person interprets now accepted as a treat- the world and the people around them. ment of choice by nu- Most of us can close our eyes and visualize merous mental health a colleague or fellow officer who has been departments and trau- impacted by the traumatic scenes they ma organizations. No have encountered. Effective coping mech- one can explain exactly anisms to deal with interpersonal stress- how any form of ther- ors, our environments and change are no apy works, especially longer effective. This has a negative effect from a neurobiological on personal and professional productivity perspective. However, 20 WINTER 2019
relationship. It can often take a couple of sessions to determine if your therapist will having panic and anxiety issues, the thera- pist will guide you in thinking back to the Being able to connect to be a good fit for you and for them to gar- ner a realistic expectation of how EMDR earliest time you felt that intense anxiety. positive emotions is very may help you. Once it has been determined what issue important, both in day-to- to work on first, the therapist will help STEP 2: MANAGING YOUR EMOTIONS you to call up the target memory. This will day life and for EMDR. Being able to connect to positive emotions sometimes involve bringing up the mem- is very important, both in day-to-day life ory in detail, using descriptions from the and right side of your body. It may be tap- and for EMDR. If coping with your emo- five senses. ping, following finger movement, buzz- tions or feeling stable on a daily basis is ers and earphones. During this active pro- a challenge for you, your therapist will The therapist will help you to identify: cess you let your mind wander, and your work with you to increase your ability • what emotions and body sensations it brain will start moving and firing the neu- to cope and feel stable before proceeding elicits; ral pathways that are associated with the with EMDR processing. Other items ad- • how upsetting it is to you on a scale of memory you are targeting. Your job is sim- dressed in this stage should include iden- 0 to 10; and ple, go wherever your thoughts lead you. tifying who will be your support network • any negative belief about yourself that By stimulating both the right and left side through this process. is attached to it. of the brain EMDR allows your brain to process information in a way that is sim- STEP 3: PICKING AND CUING YOUR STEP 4: PROCESSING THE NEGATIVE ilar to what is achieved in a REM sleep TARGET MEMORIES EXPERIENCE cycle. By allowing your brain the oppor- You and your therapist will trace back to a During this step you will experience bilat- tunity to make creative connections and memory that is connected to the issue you eral stimulation, which will always involve by not judging or trying to control your want to resolve. For instance, if you are a practice that alternates between the left thoughts, you allow your brain the oppor- THE WINTE S AT RP TU BOOTH RO SI UARY 6-8 • VI 101 FES SIONAL DEVE EB R •F LO PM ENT CE CONFEREN EMPCO is proud to announce that we are now the exclusive testing Vendor for the MACP Give us a call to find out why so many MACP members rely on Empco to help select and promote the best candidates. As a Michigan-based company, we are honored to be trusted by those who serve our communities. We offer written exams, oral boards and assessment centers for every rank in law enforcement. We offer off-the-shelf exams that are validated specifically for Michigan agencies and include questions on Michigan Law. Empco’s entry-level Law Enforcement Testing System is available to law enforcement agencies free of charge. Call 1.866.367.2600 For More Details MICHIGAN POLICE CHIEFS EMPCO-LETS-2016_7.75x4.875_FA.indd 1 4/29/16 3:58 PM21
FEATURE tunity to digest the targeted negative expe- will now be a positive belief about yourself ness,” this willingness to share is remark- rience in a way it was unable to do the first and your abilities. able to witness. As we continue to head time it was experienced. down a path of increased acceptance to- STEP 7: SCANNING FOR REMAINING ward emotional wellbeing and overall STEP 5: REDUCING YOUR DISTRESS TENSION health and wellness, EMDR certainly has a EMDR processing continues until the dis- Once the positive belief is as strong as it role in the lives, livelihood and sustained tress around the issue reduces to a self-re- can be, the therapist will ask you to check resilience of our officers. ported 0/10. The number of sessions your body for any remaining tension. this may take depends on each individu- Sometimes your body can continue to Sara Eklove, LMSW, SAP is the CEO of ENCOMPASS and leads al person and their unique memories. It hold onto negativity after your mind has the Backing the Badge Local Law Enforcement Support is quite common to see an issue initially released it. The therapist will do sets of Team. Sara received her Master’s Degree in Social Work rated as a 10/10 be reduced to a 0/10 in bilateral stimulation with you until your from Western Michigan University and has over fifteen years of experience in a variety of social work settings. Sara a few sessions. Other times, it may take body feels clear of tension. has developed and delivered initiatives designed to provide longer. Remember, what is essentially be- specific support to law enforcement customers. Sara is ing done in this process is rewriting neu- SHARE THE NEWS also a Substance Abuse Professional. ral pathways. While this information may seem mys- terious, hokey or unrealistic to some of Steve Darling, LPC retired from the Michigan State Police in STEP 6: CREATING A POSITIVE BELIEF us, there has been an emerging trend that 2013. He worked at several locations throughout the State Once the upset is down to a 0, the thera- we have observed around several depart- of Michigan in different capacities including 8 years with pist will ask what you now believe about ments in Michigan. When EMDR works Behavioral Science as a law enforcement counselor. After retirement, Steve was hired as a consultant to assist in yourself as it relates to the original issue. for officers, they are willing to talk about re-organizing a security department for a large healthcare These could include beliefs such as, “I it! It is becoming a regular occurrence for corporation. Steve’s passion for working with police offi- did my best” or “I have sound judgment.” an officer to, in an unsolicited fashion, be- cers and their families drew him back to the counseling pro- The therapist will do some sets of bilateral gin telling a group of fellow officers how fession. Steve holds a Master of Arts Degree in Counseling stimulation with you until that belief feels significantly their life has improved since from Western Michigan University. Steve is also a certified as strong as it can be. Where there used pursuing wellness by EMDR. In a field EMDR clinician and provides 1:1 support for Backing the to be distress and a negative belief, there that has been shrouded by “mental tough- Badge clients. 22 WINTER 2019
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