Today March 18, 2009 Fayette County Sheriff's Department K-9 Sampson, 8 year old Golden Retriever, the county's first explosive K-9, was found dead by his handler Deputy Tilman (Nick) Mooney at approximately 1130, at home. K9 Sampson has been part of the Sheriff's Department since 2002 and was first assigned to Cpl. Steve Gray until Gray was called to active duty to the U.S. Army. K-9 Sampson was purchased using donations of Fayette County citizens and local merchants. Sampson was used for bomb threats and for tracking suspects and lost persons in Fayette County and surrounding Counties, when his nose was needed. K9 Sampson will be deeply missed by his handler and fellow deputies. Dr. Swank of the Oak Hill Animal Hospital conducted an autopsy. The cause of death was found to be cancer. Deputy Mooney has requested that Sampson be cremated. Cremation services are being provided by Mountain View Pet Crematory, free of charge.
LEWISBURG POLICE DEPARTMENT
Trooper First Class D.A. "Andy" Evans' black Lab "Wrigley" expired Sunday. Wrigley was Lewisburg P.D.'s 1st K9! She was in service from 1998-2000 and retired when Andy was accepted to the State Police. She was 9 years of age at the time of her death. Andy was a past member of the WVPCA. Until her death she still would "work" with the best of them. She was purchased from a private party and trained by Augusta K9 and Mike Munson. She will be missed by Andy and his immediate family!
BECKLEY POLICE DEPARTMENT
Cpl. Roy Redden and K-9, Vinnie from Beckley PD found this in a vehicle on a dog indication.
I have never seen a pipe like this before........ Jake
POINT PLEASANT REGISTER
Local News
Thirteen pounds of marijuana confiscated during arrest
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| Mason County Sheriff’s Department/photo Trooper J.M. Finnicum of the Mason County Detachment of the West Virginia State Police, Sgt. Robbie Fruth II and Deputy Billy Gritt of the Mason County Sheriff’s Department show the marijuana and money they confiscated from a traffic stop outside of Point Pleasant Saturday. |
APPLE GROVE - Two people were arrested early
Saturday morning after officers pulled them over for speeding and found
marijuana in their vehicle.
Brothers Todd E. Ward, 29, of South Point, Ohio, and Shawn Richard Ward, 31,
of Huntington drove past Mason County Sheriff's Department Deputy William
Gritt at a high rate of speed on W.Va. 2 south of Point Pleasant, according to
Sheriff Scott Simms. Gritt proceeded to perform a traffic stop in the Apple
Grove area.
In a search of the rented GMC Envoy the Wards were in, K-9 Unit Bull and
his partner, Sgt. Robert E. Fruth II, discovered more than 13 pounds of
marijuana with an estimated value of $28,000, and $14,550 in cash, Simms
said. Also assisting in the arrest was Trooper J.M. Finnicum of the Mason
County Detachment of the West Virginia State Police.
Bull had detected the odor of the drugs coming from the Envoy which resulted
in a justifiable search, he said.
“This is a perfect example of why the four K-9 units are such an important
part of the Mason County Sheriff's Department war on drugs,” Simms said.
“The deputies and K-9 units are aggressively working to fight drugs from
coming into the county. They (K-9 units) are available to any other agency for
this.”
He also said Bull alone has taken off the road in Mason County about $30,000
in drugs and $23,000 in drug-related money this year.
“People in Mason County have dedicated deputies who are out their fighting drugs and keeping the public safe,” Simms said.
|
Having
Your Cake and Eating It Too On
August 10,2005 while working with the U.S. 119 Task Force, I was
involved in a drug interdiction stop and seizure. The suspect was a 60
year old woman whom the task force had been investigating for some time. I
was set in place and by using radar had stopped the woman for speeding.
As I I
deployed the dog and as I approached the passenger side front door, the
driver opened her
purse. One of our task force
officers was running back-up for me and I had him
1.
Elderly persons DO mule drugs, money and/or other
contraband. Do not be deceived
2. Masking odors can be made from anything, even angel food cake!
3.
"Traps" or hidden compartments don't have to be
connected to the vehicle, they can
4.
Do not be distracted by the suspect. In this case, after the K9
indicated, she If you are searching around an area and the suspect does something to try and divert you, search that area that much harder. The suspect is telegraphing his desire not to have you search that area. )
5. Last but not least, DO NOT SEARCH ALONE unless you have the suspect(s) under constant control such as arrested and cuffed. You can't watch the dog, the suspect, and search the vehicle. Be alert and stay safe.
D. E. Brown/ Logan County
|
Keep
an eye on this decision.
Subject:
New K-9 case law
January 10, 2005
Please review the below memo put out by Attorney Bruce Praet on the NEW
case decision out of the 9th circuit of Smith v. Hemet, 2005 U.S. App.
LEXIS 336 (Jan. 10, 2005) which over rules the Vera Cruz v. Escondido,
139 F3d 659 (9th Cir. 1997).
As we all know Vera Cruz v. Escondido defined "deadly force" as only
that which "was reasonably likely to cause death".
Now according to the Smith v. Hemet case (and no thanks to the 9th
circuit and Judge Reinhardt) deadly force is now defined as "that force
which has a substantial likelihood of causing death or serious injury".
I just got off the phone with Attorney Gene Ramirez regarding the below
case decision of Smith v. Hemet. As most of you know Attorney Gene
Ramirez is an attorney in southern California and handles a lot of K-9
and Swat cases. He is one of the premier K-9 attorneys in the nation.
Next week Gene is going to contact Hemet Police Department and see if
Hemet will let his law firm appeal this awful case decision to the US
Supreme Court. It was Genes case and his law firm which got us the
favorable K-9 case Vera Cruz v. Escondido.
Gene says this case is now technically law but since there are so many
cases that support canines are NOT deadly force and someone WILL appeal
this ridiculous 9th circuit decision he also agrees with Bruce Praet and
he is also recommending not changing how you deploy canines or policies,
for now.
Please forward this information to other K-9 handlers in your area.
As soon as I here something new I will let you guys know.
Take care and be safe.
Brad Smith
West Covina Police Department
N.T.O.A.’s National Canine Chairman
http://www.skidds.com/
FERGUSON, PRAET & SHERMAN
A Professional Corporation
1631 E. 18th Street
Santa Ana, CA 92705-7101
Telephone (714) 953-5300 Facsimile (714) 953-1143
Law4cops@aol.com
CLIENT ALERT
January 14, 2005
TO: All Police Chiefs and Sheriffs
FROM: Bruce D. Praet, Attorney at Law
1.. URGENT!! The Ninth Circuit Has Dramatically Altered the Rules on
Deadly Force - Especially for Police K-9's.
Not that we haven't grown accustomed to adverse rulings from the Ninth
Circuit, but this time they have issued a devastating and potentially
industry changing ruling, with particularly negative impact on police
dogs. Although the decision of Smith v. Hemet, 2005 U.S. App. LEXIS 336
(Jan. 10, 2005) was issued en banc (i.e. 11 judges instead of the usual
3 judge panel), it was authored by the notoriously liberal Judge
Reinhardt. As such, we are strongly urging Hemet to appeal this matter
to the Supreme Court which fortunately has almost always reversed the
opinions of Judge Reinhardt. In addition to our own offer to file an
Amicus brief, we urge you all to rally support for the appeal of this
outrageous decision.
Most of you will recall our May, 2004, Client Alert which announced the
good news that the Ninth Circuit [in the now reversed Smith v. Hemet,
356 F3d 1138 (9th Cir. 2004)] had determined that a guilty plea to a PC
148 allegation served as a bar to any liability for excessive force. In
the first part of the 2005 Smith decision, the Court has now determined
that a guilty plea to 148 allegations does not necessarily bar an
excessive force claim since it is impossible to determine whether or not
the guilty plea encompassed the entire period during which force was
used or whether it was only limited to conduct after which the excessive
force continued. Ironically, and somewhat surprisingly, the Court did
agree that a guilty verdict (vs. a plea) would in fact bar any
subsequent excessive force allegation.
Quite candidly, while we would have preferred that the earlier Smith
decision had stood, this part of the case is not overly problematic
since we have always advocated that officers "marry" a suspect to all
force having been used "during the arrest" by obtaining a highly
advisable, recorded statement from all arrestees involved in a forcible
arrest. [See: May, 2004 Client Alert and Chaves v. Martinez 123 S.Ct.
1994 (2003)]. In light of this latest decision, we might add that
agencies track all PC 148 allegations in order to either obtain a guilty
verdict or at least some sort of stipulation as a part of any plea (or
recorded statement) admitting that all force was used during the arrest.
If the Ninth Circuit had simply ended their decision there, this Client
Alert would be little more than a routine clarification of law.
Unfortunately, the Court took it upon themselves to go beyond the issue
presented in order to address the definition of "deadly force" in the
context of police dogs. As many of you know, Attorney Donald Cook (a
nemesis of K-9's and the attorney in Smith) has always sought to have
the Ninth Circuit lump police dogs into the definition of deadly force.
If successful, police dogs would seemingly be limited to only those
situations in which deadly force was justified and they would
potentially be barred from use on fleeing felons under the longstanding
rule of Tennessee v. Garner. Guess what? It would appear that Cook has
finally gotten his wish!
Although I could go on about the unsupported and irrational "logic" used
by Judge Reinhardt to reach his conclusion, you may recall that a series
of good Ninth Circuit cases beginning in 1995 with Fikes v. Cleghorn
through Vera Cruz v. Escondido, 139 F3d 659 (9th Cir. 1997) had
appropriately defined "deadly force" as only that which "was reasonably
likely to cause death". Because police dogs did not fit this definition,
they have never been considered deadly force and all K-9 cases have been
properly analyzed under the Supreme Court's 1989 "reasonableness"
standard set forth in Graham v. Connor. Not any more!
Expressly overruling Vera Cruz, Judge Reinhardt has bastardized the
criminal standard for deadly force set forth in the Model Penal Code
(i.e. ADW) to now define deadly force as "that force which has a
substantial likelihood of causing death or serious injury". As you can
see, because police dogs now fit within the definition since "serious
injury" is a likely potential, the Court has conveniently lumped police
dogs (and potentially batons and other force likely to cause serious
injury) into the "deadly force" definition. Although the Court
conveniently tried to insulate itself by declaring that it wasn't
expressly defining police dogs as "deadly force", it has effectively
achieved that result.
IF this decision is permitted to stand, the use of police dogs to
apprehend (i.e. bite) suspects will effectively be limited to those
circumstances in which an officer would otherwise be justified in using
deadly force. For example, unless an officer could articulate a
reasonable belief that a concealed burglar presented an immediate threat
to officers, a "find and bite" search of a building could be excessive.
Obviously, the scope of examples of future restrictions on the use of
dogs (batons, etc.) is endless and correspondingly illustrates the
critical need to get this matter to the Supreme Court.
As a quick aside, it was also unfortunate that Hemet PD had yet to avail
itself of our LEXIPOL policy manual at the time of this incident. As
such, the Court took another opportunity to shove the ill-advised
"continuum of force" right down Hemet's throat by noting that Hemet's
own policy included the police dog as a high level of force. One more
reason to get rid of the "continuum" and subscribe to a state of the art
policy manual such as the one we currently provide.
In the hope that the Supreme Court will potentially stay and ultimately
reverse this terrible decision, we are not currently amending K-9 or
other policies. On the other hand, it is essential that the impact of
this case be thoroughly reviewed with all affected personnel and
carefully considered in all future applications of force. We'll
certainly keep you posted
Police Dog Searches Do Not Invade Privacy, U.S. Supreme
Court Rules
By David G. Savage, The Los Angeles Times
WASHINGTON — The use of police dogs to sniff a car for
drugs does not violate the privacy rights of a stopped
motorist, the Supreme Court ruled Monday, even if the
officers had no reason to suspect the car and its driver
were carrying drugs.
The high court's decision gives police broad, but not
unlimited, authority to use canines to search for drugs
or bombs — whether on the highways or in schools, at
airports and office buildings.
While the case before the court was argued as a test of
police power in the war on drugs, dogs also play an
important role in the war on terrorism. In recent years,
trained dogs have been used increasingly at airports and
at the borders to sniff for explosives, and the justices
made clear they would not stand in the way of such
searches.
But the case decided today tested a common situation on
the highways. An Illinois state trooper stopped a
motorist on an interstate highway for driving 71 m.p.h.
where the speed limit was 65. While the motorist, Ray
Caballes, waited for the officer to write him a speeding
ticket, a second trooper headed for the scene with a
drug-sniffing dog.
The dog walked around the car and "alerted" to the
trunk. Based on that evidence, the officers searched the
trunk, found marijuana and Caballes was sentenced to 12
years in prison.
The Illinois Supreme Court would have voided the
conviction on the grounds that the police did not have
the authority to turn a traffic stop into a drug search.
But in a 6-2 decision in Illinois vs. Caballes, the U.S.
Supreme Court ruled the police may use drug-sniffing
dogs so long as the officers have a reasonable basis for
stopping a motorist or a pedestrian in the first place.
"In our view, conducting a dog sniff would not change
the character of a traffic stop that is lawful at its
inception and otherwise executed in a reasonable
manner," said Justice John Paul Stevens for the court.
It would be a different matter, he said, if the first
police officer had held the motorist for some time while
he awaited the arrival of the second officer and his
dog.
"A seizure (of the motorist) can become unlawful if it
is prolonged beyond the time reasonably required to
complete that mission" of writing a ticket, he said.
The two dissenters said the court's ruling would lead to
a much wider use of drug-sniffing dogs.
"Today's decision clears the way for suspicion-less,
dog-accompanied drug sweeps on parked cars along
sidewalks and in parking lots," said Justices Ruth Bader
Ginsburg and David H. Souter.
November 13, 2004 News Article
For you guys who know John and Axel and what type of officer they are and
how
they train. We preach safety and proficiency for this reason. Thank God
we're not reading about a friend loosing his life today.
Stay Safe
Jake Corey
Roanoke police shoot man
Police said that when a police dog grabbed a man fleeing the
officers, the man pulled a pistol and was shot by officers multiple
times.
By Shawna Morrison
981-3349
The Roanoke Times
Two Roanoke police officers shot a man they say pulled a gun in Southeast
Roanoke on Friday night.
The shooting happened about 8:25 p.m. near Ninth Street and Highland
Avenue Southeast, next to CVS Pharmacy.
Roanoke police Capt. Rusty Ross said the department's vice units had been
investigating a man suspected of selling narcotics. Several units were in
the area when they spotted the man walking down the sidewalk near CVS.
Officer John Hoover of the department's K-9 unit got out of a police
vehicle and identified himself to the man as a police officer, Ross said.
Hoover, in full police uniform, told the man that police needed to speak
with him.
The man began to run, Ross said. After warning the man that he would do
so, Hoover released his police dog, a Rottweiler named Axl. As Axl grabbed
the man and began to pull on him, the man pulled a pistol from his
waistband, Ross said.
Hoover and Officer Allen Bower fired several rounds at the man, striking
him multiple times, Ross said. He was taken to Carilion Roanoke Memorial
Hospital, where he was in stable condition late Friday, Ross said.
The man's name and age were not released because his family had not been
told of the incident Friday night, Ross said.
No officers were injured, Ross said. He said Hoover and Bower will be on
administrative leave until an investigation into the incident is
completed.
Police did not say exactly how many times the man was shot, but several
neighbors said they heard four shots.
Tammy Fink, 42, who lives at the corner of Highland Avenue and Ninth
Street, said she and her daughter were making floral wreaths when they
heard the commotion.
"It was like four big booms," Fink said. "We came out and didn't see
nothing. About that time we saw all the lights" from police and rescue
vehicles. Then they noticed a man lying in the street near CVS.
"The one man was screaming, 'It hurts, it hurts,'" Fink's 23-year-old
daughter Catina Caldwell added.
The intersections with Ninth Street at Highland Avenue, Elm Avenue and
Bullitt Avenue were cordoned off with police tape for several hours Friday
night while detectives investigated the scene.