CONFERENCE
PREVIEW
ISSUE!
INSIDE THIS ISSUE:
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IN THIS ISSUE
������Upcoming PCPA Training ................................................................................................................................8DOCVIEW .....................................................................................................................................................8PCPA 98th Annual Conference Section .............................................................................................13-18
Hotel and Conference Registration Form ...................................................................................................14 About the Conference ~ General Information ...................................................................................... 15-16 Ladies Letter ...............................................................................................................................................16 2011 Tentative Schedule .............................................................................................................................17 Proposed Bylaw Revisions ..........................................................................................................................17 Chiefs Challenge ........................................................................................................................................18 Beginning the Blaze: A Welcome Back Celebration ....................................................................................18Pennsylvania Virtual Training Network (PAVTN) Update ..............................................................................20New PCPA Website ........................................................................................................................................20Upcoming PCPA Events ................................................................................................................................21TECH MANDATES | EXIF-Exchangeable Image Format: An Image’s DNA ................................................22Technology Update ........................................................................................................................................23PCPA Membership Products .................................................................................................................... 24-25Diversion Subcommittee ................................................................................................................................26The Supreme Court Considers the Privacy Rights of a Public Employee’s Communications on an Electronic Device Provided by the Public Employer .............................................................................28Pennsylvania’s Missing Endangered Person Advisory System (MEPAS) ...........................................................29Statement of Ownership .................................................................................................................................30PCPA Membership Registration Form ...........................................................................................................31
��������,���� ������Officers & Committees ....................................................................................................................................4President’s Message ...........................................................................................................................................5Executive Director’s Message ............................................................................................................................6Memberships & Memorials ..............................................................................................................................7The Chiefs’ Legal Update .................................................................................................................................9Legislative Report ....................................................................................................................................... 9-12PA Patch Pride ...............................................................................................................................................19
��������Amy Rosenberry [email protected] Armstrong [email protected] Crist [email protected] Braun [email protected] Miller [email protected] Blackburn [email protected] Sullivan [email protected] Campbell [email protected] McKibben [email protected] Gibson [email protected]
Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (March, June, September and December) by the Pennsylvania Chiefs of Police Association. Subscription to PCPA BULLETIN is included in PCPA annual dues. Periodicals Postage paid at Harrisburg, PA. POSTMASTER: Send address changes to PA Chiefs of Police Association BULLETIN, 3905 North Front Street, Harrisburg, PA 17110-1536. The content of the PCPA BULLETIN is to be a practical reference featuring information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative and goals, news items, upcoming events and legal issues. Reviews, reports and articles are submitted by members, experts and other interested law enforcement personnel. Articles or ideas for content should be submitted to PCPA Headquarters c/o Amy Rosenberry, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to [email protected].
ON THE COVER:CONVENTION
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The Association is a professional organization of chiefs of police and other executives of police, public safety and private law enforcement organizations across the Commonwealth of Pennsylvania. The Association provides a vehicle through which members can come together, examine their positions on issues, and address the needs of their colleagues.
The values that guide the Association’s working decisions are central to its mission. These values include accountability, continuous improvement, diversity, education and training, human life, innovation, the laws and Constitution of the Commonwealth of Pennsylvania, problem-solving, compassion, cooperation, excellence, fairness, inclusion, integrity, personal autonomy, and professionalism. When put into practice, these values help the Association contribute to the quality of life across the state.
The Association’s values are characteristics of qualities of work. Although the membership of the Association may need to balance these values from time to time on both an individual and collective basis, the Association will never ignore these values for the sake of expediency or personal preference. The Association holds these values constantly before it to teach and remind the Association’s membership, and the communities which those members serve, of the Association’s ideals. These values are the cornerstone upon which the Association is founded.
In fulfilling its mission, the Association needs the support of the residents and elected officials of the Commonwealth of Pennsylvania and the Association’s staff in order to provide the quality of service which the Association’s values commit it to providing.
The Association seeks to serve and protect all residents of the Commonwealth of Pennsylvania; as such, the Association aims to earn and maintain the unqualified respect of all residents. The Association’s members aim to be respected leaders in their communities, throughout the Commonwealth of Pennsylvania, throughout the United States of America, and internationally.
With these aims in mind, the Association promotes the professional and personal development of its members through innovative services, training, peer counseling and comradeship. The Association makes a positive impact on the quality of life in the communities which its members serve through pro-active leadership in the following: community partnerships, ethics and integrity, knowledge and information dissemination, promoting legislation which advances the mission of the Association before the United States Congress and the Pennsylvania General Assembly, media relations, professional standards, vision, and innovative change.
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OFFICERSDaniel Kortan, Jr.President
Thomas DiMaria1st Vice President
John Mackey2nd Vice President
Thomas King3rd Vice President
William Kelly4th Vice President
William Richendrfer
Gary Anderson
BOARD MEMBERSJoseph Daly - 2013
Keith Keiper - 2013
Harold Lane - 2013
Scott Bohn - 2012
Darryl Albright - 2011
Richard Hammon - 2011
William Grover - 2012
Harry Lewis - 2011
David Mettin - 2012
David Spotts - 2012
Amy Rosenberry
BUDGET & PERSONNELChair:Daniel Kortan, Jr.
Members:
EDUCATION & TRAININGCo-Chairs:
Members:
LEGISLATIVEChair:
Members:
MEMBERSHIP/BYLAWSChair:Gary Anderson
Members:
RETIRED CHIEFSChair:
Members:
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s I write this message it is time to start thinking Education & Training Conference again. It seems like only yesterday we were gathered in Lancaster for our annual conference and things
were just ramping up for me. Now as I look back on the past year I wonder where the time has gone.
Hopefully, my year as president will be remembered by our Association for some positive accomplishments. We have made tremendous progress with our On Line Training program and it is my belief that it will continue after the pilot testing period and will someday be the “Model for the Nation” among all the distance education products that are out there. We are extremely proud
of what has been done so far and expect great things to come regarding this all important aspect of delivering valuable, timely and topical training to all police officers in the Commonwealth. Please keep checking our E-Newsletters, the Bulletins and of course, your email for more information on this project and how you can participate.
Our Legislative Committee continues to track, endorse and recommend numerous proposed bills which are important to law enforcement as they make their way through the legislative process. Several important proposed bills were introduced last session but did not make it through the process. We expect them to be reintroduced again this session in some form. The expansion of the Castle Doctrine, registration of homeless sex offenders, amendments to the RTK Law, etc. are on the fast-track for this session. We also hope to see activity on reintroduction of the Chief ’s Bill, Radar legislation, and potential changes to MPOETC training.
Another accomplishment this year is our continued move toward going “Green” or going “High Tech”, however you want to spin it. We have made major changes to our web site and on-line presence, started our bi-weekly E-Newsletters and we have included the option to receive your “Bulletin” magazine electronically now. If you have not recently done so, you should visit our site at www.pachiefs.org so that you can plug in to what’s going on in your Association and make sure your information is up to date. If we do not have a current email address for you, you could be missing out on valuable news and information.
CONFERENCE, CONFERENCE, CONFERENCE - We have an excellent conference planned for this year. Your Training and Education Committee along with Headquarters Staff have created a very full and exciting conference agenda which includes training by some of the top names in Law Enforcement including the ever popular Gordon Graham series. There will be a new and improved Chiefs Challenge, we’ve added a Chiefs Golf Outing on Sunday and there are lots of other surprises. Chief Tom DiMaria is the incoming president and I know from serving with Tom all our years together on the Executive Board that he is charged up and ready to hit the ground running when his year begins. I hope you will join me in welcoming Tom to his new post and kicking off his presidency in style.
In closing, I would like to thank all those who work so tirelessly for our Association: the Headquarters Staff, our Grants Division Employees, the Executive Board, all of our Committee Chairs and Committee members, our Ladies Committee as well as all the formal and informal volunteers who help both at the conference and throughout the year.
Please get your conference registration in and I look forward to seeing everyone in Lancaster.
Warmest Regards,
Daniel J. Kortan, Jr.President
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AGREETINGS,
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reetings from PCPA Headquarters! As we become accustomed to several new technologies and communication mediums to inform our members with, information
overload has become a big concern here at your Association. We certainly want to make sure you have all of the information you need but we also don’t want to become junk mail! We hope the new biweekly e-newsletters are of interest and importance to you and encourage you to visit our webpage regularly for more tools to assist you in your law enforcement career. One useful tool now available is the Discussion Board feature of our website which allows members to share information and ideas. In this magazine, you’ll find details on using this
and other features as well as how to receive the updates you want on a regular basis. We hope you’ll take the time to read through and find out more about using the resources available to you as a member.
Other articles and updates of interest in this magazine include the status of the Virtual Training Network, Legislative Initiatives, and special service offerings for members such as DocView and of course our own Consulting, Testing and Accreditation services!
We continually strive to provide you with quality services and resources and take great pride in everything we do. But – taking pride in whom we are and what we do does not mean that we can sit back and rest on our laurels. As an organization, we are continually evaluating and re-evaluating what we do, how we do those things, and why we do them. We are also continually scanning the environment within which our members work to ensure that we are responsive to your needs and expectations. We are interested in your views, ideas and thoughts about what else you need from your organization. Call, write, fax, e-mail, or stop by and give us your thoughts. This is your organization; help us make it work better for you. We always welcome your comments, questions, participation, and support.
Finally, and of course most importantly....it’s Conference Time! The conference is the greatest opportunity we provide to our membership throughout the year and we encourage you to take advantage of it! Register today either online or using the form provided in this magazine. Excellent training, important information and key resources are packed into a fun-filled event, not to mention the networking with colleagues from across the Commonwealth and chance to provide input in to the direction of your Association’s activities...it is truly an event you don’t want to miss out on! You will find plenty of conference information in this magazine including proposed amendments to the Association’s Bylaws. As always, if you have questions, please do not hesitate to call. We look forward to seeing all of you in July!
All my best,
Amy K. RosenberryExecutive Director
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In MemoriamWe mourn the loss of the following members of the
Pennsylvania Chiefs of Police Association family.
We extend our prayers and deepest sympathies to their loved
ones and remain grateful for the lives of:
� ��� �����*�� ����- *Retired Chief of Police, West Rockhill Township
� ���*�� ������� Retired Chief of Police, Emmaus Borough
�������*������� ��Retired Chief of Police, Norwood Borough
� ����*������ Former Chief of Police, Philadelphia & Reading
�������-*�� ����Retired Chief of Police, Newport Township
��� ��-*���������Former First Deputy Commissioner, Philadelphia
�������*��������Retired Chief of Police, Brentwood Borough
-�����*������� Former Supt. of Police, Pittsburgh
����-*����� ���Retired Law Enforcement Coordination Mgr., US Attorney’s Office
ACTIVE MEMBERSHIP APPLICATIONS
Chief Darren Alston - Chester City
Deputy Chief Scott Bendig - Montgomery Twp
Chief Rufus Brenneman - Huntingdon Borough
Chief Jeffrey DeSimone - Homestead Borough
Captain Robert Hughes Jr .- Wilkes-Barre PD
Chief Edward Krancic Jr. - Wilkins Township
Captain Richard Manko - Sewickley Borough
Lieutenant Michael McLaughlin - Upper Allen Twp
Lieutenant John Michniewicz - Middletown Twp
Captain Keith Morris - Allentown City
Captain Charles Schmidt - Lancaster City
Captain Kent Switzer - Lancaster City
Chief Bryan Washowich - McKeesport City
Chief Julius Canale II - Coatesville City
Chief Sean Kapfhammer - Carroll Township
Lieutenant Stephen Mowery - Penbrook PD
Lieutenant Gregory Stone - West Goshen Township
AFFILIATE MEMBERSHIP APPLICATIONS
Sergeant John Clawson - Chambersburg Borough
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MARCELLUS SHALE LAW ENFORCEMENT CONFERENCEHosted By: The U.S. Department of JusticeDates: May 24-25, 2011Times: The conference begins at 8:30 AM and runs until
4:30 PM and continues on May 25, 2011 from 8:30 AM - 12:00 NOON
Location: Ramada Conference Center at State College, 1450 South Atherton Street, State College, PA 16801
Cost: Registration is FREE. Please register before May 18, 2011 by visiting the PCPA Website Training Calendar.
FST IN SPANISHDate: June 7, 2011Time: 8 AM – 4 PMLocation: PCPA Headquarters 3905 N. Front Street Harrisburg, PA 17110Cost: $100 per student, includes all class materials,
Audio CD, and laminated resources Former Police Chief, John Rife, has developed a condensed 1-day course enabling officers to satisfactorily perform Field Sobriety Tests in Spanish. Guaranteed! Attendees will learn a simple, yet comprehensive FST exercise. Students will participate in mock traffic stops the
last half of the day. As with all of Rife’s classes, students will not be required to learn lengthy and cumbersome sentences. All class materials are included in the $100 fee and students will keep the laminated reference (to be kept in their patrol car) as well as audio CD containing 2 legal elements of the FST in both Spanish and English. For questions about this course or to register an officer, please call Headquarters at (717) 236-1059 or email Ashley Crist at [email protected].
-����)'�)#��$'))PCPA ANNUAL EDUCATION & TRAINING CONFERENCELocation: Lancaster Host Resort Hotel Lancaster, PA Please visit www.pachiefs.org to view a full training schedule for the week as well as register yourself or officers from your department to attend.
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The Chiefs’ Legal Update~~~PENNSYLVANIA SUPREME COURT~~~
Search & Seizure: Reasonable Suspicion – Motor Vehicle Code Violation, 75 Pa.C.S.A.
§ 4524(c) (Windshield Obstructions)
Commonwealth v. Holmes,___ A.3d ___, 2011 WL 590758 (Pa. 02-22-11)(Luzerne)
In this appeal by the Commonwealth, the Pennsylvania Supreme
Court affirmed suppression of evidence developed from a traffic
stop. The officer who performed the stop testified that he had
observed Holmes “traveling north on 315 with objects hanging
from the rearview mirror which were obstructing the driver’s view.”
This testimony was credited by the trial court, and the defendant’s
suppression motion was denied. Holmes was then convicted of
drug and weapons charges, and sentenced to 5-10 years. In an un-
published memorandum opinion, a divided Superior Court panel
reversed. The panel majority found that “there [was] no descrip-
tion of the size of the object, [or] testimony as to what the object
was.”
Thus, the majority decided that the officer did not have reason-
able suspicion to stop Holmes’ vehicle.
The Commonwealth petitioned for review. Essentially, the issue
was whether the Superior Court erred by finding that the officer
did not have reasonable suspicion of a violation of Section 4524(c)
(Windshield obstructions and wipers). In affirming the Superior
Court, Justice Todd pointed to the lack of specific description of
the object which the officer originally saw. Joined by Justices Baer
and Orie Melvin, she declared that a person does not violate sec-
tion 4524(c) merely by hanging an object from a rearview mirror.
In order to stop a car for this violation, the officer must suspect
that the object materially obstructs the driver’s view. In this con-
text, Justice Todd reasoned that the officer’s conclusory testimony,
and nothing else, was insufficient to support a finding of reasonable
suspicion. She emphasized that the object was not introduced into
evidence, and there was no description of it placed on the record at
the suppression hearing.
Justices Saylor and Castille concurred in the result. Justice Saylor
wrote separately to emphasize that certain traffic stops may be
authorized upon an officer’s conclusory observations “where the
alleged traffic offense does not contain a subjective component.”
Justices Eakin and McCaffery dissented, asserting that the officer’s
observations provided reasonable suspicion to stop the car and
make a further determination of whether the driver’s vision was
“materially” obstructed. Once the traffic stop unfolded into a drug
and weapon investigation, Justice Eakin opined that it was “no
wonder” that the original traffic offense “fell by the wayside.” Opinion by: Todd, J.; joined by: Baer and Orie Melvin, JJ. Concurring opinion:
Saylor, J.; joined by: Castille, C.J. Dissenting opinion by: Eakin, J.; joined by: Mc-
Caffery, J.
Editor’s Note: The preceding summary was prepared by Max P. Little, Esq., PDAA’s Traffic Safety Resource Prosecutor (TSRP), who adds that: “None of the opinions filed in this case discuss the distinction between “investigatable” and “non-investigatable” Vehicle Code offenses. All Justices agreed that the proper standard for reviewing this stop was reasonable suspicion.”
LEGISLATIVE REPORT The 11R PA Legislative Session began in January. While no legislation has made it to the governor’s desk for consideration by the time
this report was prepared, proposed legislation addressing issues such as the expansion of the Castle Doctrine, registration of homeless sex
offenders and amendments to the Right To Know Law are moving. Since January, approximately 900 Bills have been introduced in the
Senate and approximately 1200 have been introduced in the House. PCPA is actively monitoring and tracking proposed legislation related
to law enforcement and provides members with access to current information concerning bills of special interest via the PCPA Bills To
Watch Page of the PCPA Website. The PCPA Bills To Watch Page is updated on a daily basis. Members are encouraged to contact PCPA
Headquarters with specific questions about legislation or if you need assistance accessing the PCPA Bills To Watch Page.
What follows is a short list of law enforcement related bills of interest that have had been introduced in the House and/or Senate thus far
this Legislative Session:
House Bill 40 (House Version of Castle Doctrine Expansion)
Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary) further
providing for use of force in self-protection, protection of other
persons, grading of theft offenses & for licenses to carry firearms;
& providing for civil immunity.
Summary: (PN 1038) Amends Titles 18 (Crimes and Offenses)
and 42 (Judiciary and Judicial Procedure), in general principles of
justification, in Title 42 to have deadly force be justified even if the
person does not comply with demands from one who is threatening
them. Conditions are given for when a reasonable belief that
deadly force is required to protect oneself. Also, conditions when
this belief is not reasonable are provided. Limitations are placed
upon the duty to retreat before deadly forced is used and certain
presumptions are allowed to be made about a person entering
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a home or vehicle by force. The ability of public officers to use
deadly force in the performance of their duties is provided. In Title
18, the use of deadly force in the protection of a third person is
provided for and a person protecting a third person does not need
to retreat beyond where the third person is required to retreat.
Theft constituting a felony of the first degree is provided for and
the definition of “loaded” added. Civil immunity for the use of
force is provided for. This bill is colloquially known as the Castle
Doctrine expansion bill. (Prior Printer Number: 263) HB 40 - (PN
263) Amends Titles 18 (Crimes & Offenses) and 42 (Judiciary)
further providing for use of force in self-protection, protection of
other persons, grading of theft offenses and for licenses to carry
firearms; providing for civil immunity.
Bill History: 03-09-11 H Second consideration
03-09-11 H Over in House
03-09-11 H Rereferred to House Appropriations
House Bill 68
Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary),
in falsification & intimidation, further providing for failure to
comply with registration of sexual offenders requirements; further
providing for victim notification & PA State Police.
Summary: (PN 145) Amends Titles 18 (Crimes and Offenses)
and 42 (Judiciary). In Title 18, the bill provides for sex offender
registration for transients and outlines when a transient has
committed a violation for failing to register. Grading of this
offense is provided and information that must be disclosed to law
enforcement by the transient before bail can be set is detailed. In
Title 42, additions are made to who must register for ten years as a
sex offender and who must register for lifetime. Failure to maintain
a residence does not relieve an offender of the duty to register. If
a person does not have a residence, he must register as a transient.
The transient-offender must inform the State Police within
48 hours of the establishment of a residence. A transient must
register with a new law enforcement agency if he moves to another
state, but fails to maintain a residence. The need and frequency
of transient registration is provided. The registration period for
transients shall be 30 days. If a transient fails to register, he is
subject to arrest and registration. Also provides that it shall be an
offense to knowingly fail to appear to court mandated counseling.
Grading for failure to comply with certain ten year registration
requirements is provided. (Prior Printer Number: 31) HB 68 - (PN
31) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary). In
Title 18, the bill provides for sex offender registration for transients
and outlines when a transient has committed a violation for failing
to register. Grading of this offense is provided and information that
must be disclosed to law enforcement by the transient before bail
can be set is detailed. In Title 42, additions are made to who must
register for ten years as a sex offender and who must register for
lifetime. Failure to maintain a residence does not relieve an offender
of the duty to register. If a person does not have a residence, he
must register as a transient. The transient-offender must inform the
State Police within 48 hours of the establishment of a residence.
A transient must register with a new law enforcement agency if he
moves to another state, but fails to maintain a residence. The need
and frequency of transient registration is provided. The registration
period for transients shall be 30 days. If a transient fails to register,
he is subject to arrest and registration.
Bill History: 02-09-11 H Third consideration
02-09-11 H Final Passage (Vote: Y:198/N: 0)
02-14-11 S Received in the Senate and referred
to Senate Judiciary
House Bill 529
Amends Title 18 (Crimes & Offenses) defining the offense
of false caller identification information display; and imposing
penalties.
Summary: (PN 496) Amends Title 18 (Crimes & Offenses)
defining the offense of false caller identification information
display; and imposing penalties. The offense is graded as a third
degree misdemeanor for the first offense, and second degree
misdemeanor for subsequent offenses.
Bill History: 03-01-11 H First consideration
03-01-11 H Laid on the table
04-04-11 H Set on the Tabled Calendar
House Bill 567 (synthetic cocaine)
Amends The Controlled Substance, Drug, Device and Cosmetic
Act further providing for schedules of controlled substances.
Summary: (PN 544) Amends The Controlled Substance,
Drug, Device and Cosmetic Act adding as schedule I controlled
substances any material, compound, mixture, or preparation
which contains any quantity possible within the specific
chemical designation 3,4-Methylenedioxymethcathinone
(Methylone); 3,4-Methyenedioxypyrovalerone (MDPV);
4-Methylmethcathinone (Mephedrone); 4-Methoxymethcathinone.
4-Fluoromethcathinone; and 3-Fluoromethcathinone.
Bill History: 02-15-11 H First consideration
02-15-11 H Laid on the table
04-04-11 H Set on the Tabled Calendar
House Bill 933 (Chiefs Bill)
Amends the act extending benefits to police chiefs or heads
of police departments of political subdivisions who have been
removed from bargaining units by the PA Labor Relations Board
further providing for salary of nonunion police officers.
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Summary: (PN 1002) Amends the act entitled “An act extending
benefits to police chiefs or heads of police departments of political
subdivisions of the Commonwealth who have been removed
from bargaining units by the Pennsylvania Labor Relations
Board” further providing for salary of nonunion police officers
by stating that except in cities of the first and second class, the
chief, superintendent or commissioner of police and other ranking
officers in a political subdivision of the Commonwealth who are
not members of bargaining units under the Policemen and Firemen
Collective Bargaining Act, shall receive not less than the same
dollar increase including fringe benefits excluding overtime and
festive holiday pay as received by the highest ranking police officer
participating in the bargaining unit. “Bargaining unit” is defined as
a collective bargaining unit as provided under the Policemen and
Firemen Collective Bargaining Act.
Bill History: 03-04-11 H Filed
03-04-11 H Introduced and referred to
committee on House Labor and Industry
House Bill 1041 ( Radar and Accreditation Funding)
Amends Title 42 (Judiciary) & 75 (Vehicles) further providing for
municipal corporation portion of fines; establishing the Municipal
Law Enforcement Accreditation Fund; & further providing for
speed timing devices & State & local powers.
Summary: (PN 1128) Amends Title 42 (Judiciary) & 75 (Vehicles)
establishing the Municipal Law Enforcement Accreditation Fund
from funds collected from speeding violations; providing the
Pennsylvania Commission on Crime and Delinquency to create
and maintain a grant program to distribute funds to nonprofits
that administer and operate law enforcement accreditation
programs; expanding the use of radio-microwave speed timing
devices to full-time police officers employed by the full-service
police department who have completed a training course approved
by the Pennsylvania State Police and the Municipal Police Officers’
Education and Training Commission.
Bill History: 03-14-11 H Filed
03-14-11 H Introduced and referred to
committee on House Transportation
Senate Bill 237
Amends Title 42 (Judiciary), in budget and finance, further
providing for Commonwealth portion of fines.
Summary: (PN 722) Amends Title 42 (Judiciary and Judicial
Procedure) in budget and finance, stipulating that when
prosecution under any other provision of Title 75 (Vehicles) is
the result of State Police action, but occurs in a municipality
that has a population of not more than 3,000 or that provides
at least 40 hours per week of local police services, that
municipality may receive certain revenue. Revenue that is not
paid to municipalities under this clause shall be transferred to
the Pennsylvania State Police for cadet classes. When prosecution
under any other provision of Title 75 is the result of State Police
action on an interstate highway all fines, forfeited recognizances
and other forfeitures imposed, lost or forfeited shall be payable
to the Commonwealth, for credit to the Motor License Fund.
(Prior Printer Number: 216) SB 237 - (PN 216) Amends Title
42 (Judiciary and Judicial Procedure) in budget and finance,
stipulating only municipalities that provide at least 40 hours
per week of local police services through a municipal police
department, participation in a regional police department, or
contracts with other municipal or regional police for police
services may receive certain revenue. Money not expended shall
be transferred to the Pennsylvania State Police for Cadet Training.
Fines paid shall be disbursed to the commonwealth for credit to the
Motor License Fund.
Bill History: 03-01-11 S Reported as amended Senate
Transportation
03-01-11 S First consideration
04-05-11 S Set on the Senate Calendar
Senate Bill 247
Amends the Right-to-Know Law further providing for
definitions; for PA Interscholastic Athletic Association; for access,
requests, record, public record exceptions, for agency response &
filings, & for the Office of Open Records.
Summary: (PN 229) Amends the Right-to-Know Law further
providing for definitions; excluding from the definition of
state-affiliated entity any court or other officer or agency of the
unified judicial system, the General Assembly and its officers and
agencies, any state-related institution, political subdivision or any
local, regional, or metropolitan transportation authority; adding
Pennsylvania Interscholastic Athletic Association to the scope of
the act; and further providing for access adding that access may be
provided at a reasonable time if the request is voluminous or from
a remote location, for written requests, for transcripts by stating
nothing requires an agency to transcribe a proceeding solely for the
purpose of responding to a request, excepting bank and credit card
numbers, for agency response in general by adding certain timelines
for response, for extension of time, for filing of appeal, for appeals
officers, stating an agency may require prepayment if the fees are
expected to exceed $50, providing the Office of Open Records
shall have standing and may participate as a party in an appeal of a
decision of the office.
Bill History: 01-26-11 S Introduced and referred to
committee on Senate State Government
03-08-11 S Hearing set for 9:30 a.m.,
Hearing Room 1, ...Senate State Government
03-08-11 S Public hearing held in committee
Senate State Government
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Senate Bill 273 (Senate Version of Castle Doctrine Expansion)
Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary
and Judicial Procedure), in general principles of justification, for
definitions, use of force in self-protection, for grading of theft &
firearms licenses; & for civil immunity.
Summary: (PN 769) Amends Titles 18 (Crimes and Offenses)
and 42 (Judiciary and Judicial Procedure), in general principles of
justification, in Title 42 to have deadly force be justified even if the
person does not comply with demands from one who is threatening
them. Conditions are given for when a reasonable belief that
deadly force is required to protect oneself. Also, conditions when
this belief is not reasonable are provided. Limitations are placed
upon the duty to retreat before deadly forced is used and certain
presumptions are allowed to be made about a person entering a
home or vehicle by force. The ability of public officers to use deadly
force in the performance of their duties is provided. In Title 18, the
use of deadly force in the protection of a third person is provided
for and a person protecting a third person does not need to
retreat beyond where the third person is required to retreat. Theft
constituting a felony of the first degree is provided for and the
definition of “loaded” added. Civil immunity for the use of force is
provided for. This bill is colloquially known as the Castle Doctrine
expansion bill. (Prior Printer Number: 271) SB 273 - (PN 271)
Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure), in general principles of justification, in Title 42
to have deadly force be justified even if the person does not comply
with demands from one who is threatening them. Conditions are
given for when a reasonable belief that deadly force is required to
protect oneself. Also, conditions when this belief is not reasonable
are provided. Limitations are placed upon the duty to retreat before
deadly forced is used and certain presumptions are allowed to be
made about a person entering a home or vehicle by force. The
ability of public officers to use deadly force in the performance of
their duties is provided. In Title 18, the use of deadly force in the
protection of a third person is provided for and a person protecting
a third person does not need to retreat beyond where the third
person is required to retreat. Theft constituting a felony of the first
degree is provided for and the definition of “loaded” added. Civil
immunity for the use of force is provided for.
Bill History: 03-08-11 S Third consideration
03-08-11 S Final Passage (Vote: Y: 43/N: 4)
03-09-11 H Received in the House and referred
to House Judiciary
Senate Bill 526 (Radar Bill)
Amends Title 75 (Vehicles), in licensing of drivers, further
providing for schedule of convictions and points; in rules of the
road in general, further providing for speed timing devices; and
further providing for State and local powers.
Summary: (PN 533) Amends Title 75 (Vehicles) adding that if
a speeding offense is charged as a result of use of a speed timing
devices, no points shall be assigned unless the speed recorded
is ten or more miles per hour in excess of the legal speed limit.
The legislation also authorizes the use of electronic speed meters
or radar or LIDAR by full-time police officers employed by the
full-service police department of a political subdivision or regional
police department situate in a county of the first class, second class,
second class A or third class if official warning signs indicating the
use of these devices are erected within 500 feet of the border of the
political subdivision on the main arteries entering that political
subdivision. The bill provides for testing of such devices.
Bill History: 02-14-11 S Filed
02-14-11 S Introduced and referred to
committee on Senate Transportation
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Please take a moment to visit http://www.pachiefs.org, go
to the Membership Directory, and update your personal
information in the system, especially your email address.
Increasingly, the PA Chiefs of Police Association
uses electronic methods to keep our membership
up-to-date and informed.
Your accurate information will allow us to better serve you!
Thank you!
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Title: _______________________________________________ Agency: _____________________________________________________
Telephone:_________________________________ Email:________________________________________________________________
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PA CHIEFS OF POLICE ASSOCIATION Blazing a Trail: A New Frontier in Leadership
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The Pennsylvania Chiefs of Police Association has long had a
reputation for providing top-notch education on the most pressing
law enforcement topics. That is why we want you to attend the
98th Annual Education and Training Conference and Exposition
in Lancaster, PA from July 10-14, 2011. With renowned keynote
speakers, forums and technical workshops, and a packed exhibit
hall full of products and services for the law enforcement
community, this must attend event will fill up fast! Please complete
the registration form found in this issue of The Bulletin, or visit
www.pachiefs.org to register online today!
����������Registration and Exhibits are the main focus throughout your
arrival day at the Lancaster Host! You can begin registration as early
as 12:00 PM, and we’ll remain there until 5 PM. Check into your
room, grab a bite to eat in the hospitality room and head to the
exhibit hall to get your chances to win prizes throughout your stay.
We will have information about upcoming events ready for you
as well as ID badges for all registered attendees. PCPA is happy to
bring back “The Daily Bullet” this year as well. This flyer is placed
under your door each morning detailing the day’s coming events
as well as a recap of the day before. Check it out before you head
off to your next event; you never know whose picture might end
up in there! We’ll also be displaying a full schedule of events at the
Registration Desk so you’re sure to follow us as we “Blaze New
Trails” throughout the week!
�� �������������������������������Why wait until the exhibit hall opens to get the fun underway on
Sunday? While waiting for registration and check-in, we challenge
attendees to come Golfing with the Chiefs on the Lancaster Host
Golf Course! Both attendees and exhibitors can get their conference
underway with some friendly competition on the beautiful 18-hole
golf course. Complete with beverages, prizes and networking on
the green, this will be a great way to relax before a packed week of
training and events. Register your team today!
��������It is required that you and your guests wear an Identification Badge
for all Conference functions. The ID Badge will distinguish your
chosen meal plan, and it’s your ticket into all Conference seminars,
business meetings, exhibit hall and the hospitality room. This
is very important and your cooperation is greatly appreciated to
ensure a smoothly run Conference for everyone.
�����������The Exhibit Hall will house the vendor and membership booths
on Sunday and Monday. Throughout the first 2 days of the
Conference, the Exhibitors are your source for raffle tickets towards
prize giveaways and this year’s Exhibit Hall Raffle with a chance
to win up to $500 (Member registrants ONLY). Beyond that, our
Exhibitors are the key to the best of all resources and offer a wide
range of companies, products and services, many of which have
been discounted specifically for this event! A welcome cocktail
reception will be held Sunday evening, and both a morning coffee
break and lunch buffet will be held in the Exhibit Hall on Monday.
What more could you ask for?
������������ ����Back again this year! Monday Only! In the Exhibit Hall on
Monday, Exhibitors will be giving away raffle tickets when you visit
their booths. Each Exhibitor will get 20 chances to give out at their
discretion. We’ll be holding 3 drawings in the Exhibit Hall. These
drawings could happen at any time throughout the day and here’s
the tricky part, you MUST be PRESENT to win! Two (2) winners
will win $250 each and one (1) lucky grand prize winner will walk
out with $500 in their pockets! While you’re checking out the
incredible new technology, educational opportunities and so much
more, take a chance at winning!
����������������� ��On Sunday evening, as our attendees and exhibitors are getting
settled in for this year’s Conference, PCPA will host a “Welcome
Back” celebration in Dinzeo’s hospitality room! Don’t miss the
chance to get your conference week started off right by joining
us for food and great entertainment from comedic and musical
performer, John Bressler! Dinner begins immediately following
the close of the Exhibit Hall on Sunday at 6 PM. Come enjoy a
delicious buffet while catching up with attendees you haven’t seen
in a while and welcoming those who are joining us for the first
time!
����� ����� ����Feeling Lucky? The Conference raffle drawings will be held during
the Business Sessions. Just like in the Exhibit Hall, another two (2)
members will each win $250, with one lucky winner walking out
with $500! Here’s how to get as many chances as you can:
- One chance just for registering for the 98th Annual
Conference!
- One chance for recommending a new member who has never
attended the conference before. Call your neighboring Chief
and get them to come! Just give Headquarters staff a call to let
them know you’ve recommended someone (717) 236-1059!
- One chance if this is your first Conference. Welcome! We’re
glad you registered!
- One chance if you register before May 15th.
- One chance if you haven’t been to a Conference in at least 5
years. Welcome back!
Deposit your chances at the Registration Desk or as you enter the
business sessions. YOU MUST BE PRESENT TO WIN!
���������������It’s time to switch things up and add even more excitement to
the Annual Chiefs Challenge! Join us out by the pool on Monday
evening for a whole series of events that will give all new bragging
ABOUT THE CONFERENCE ~ GENERAL INFORMATION
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PA CHIEFS OF POLICE ASSOCIATION &012���������������,�� ����������� ����
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rights to the region that wins. Along with a buffet dinner outside,
we’ll be having an obstacle course that will pit Chiefs against Chiefs
as they tag team through various contests that will not only be fun
to watch, but are sure to have spectators cheering! Don’t miss the
competition’s surprise finale where each region will either “sink or
swim” to victory! Start assembling your teams now and Take the
Challenge!
Dear Ladies, The Ladies Committee would like to invite all of our wives and
“significant others” to the upcoming 2011 PCPA Conference! The
Conference runs from Sunday, July 10th through Thursday, July
14th and will be held at the Lancaster Host Resort and Conference
Center in beautiful Lancaster County.
Enjoy swimming, golf, tennis, volleyball, walking trails, an
array of shopping and spa services in the area, Amish tours and
sightseeing as well as the all around gorgeous countryside. For
those of you who haven’t attended and had the opportunity to
experience the Conference activities, or if you just haven’t joined
us in a while, we’d love to see you in Lancaster! And for our
“regulars”, we can’t wait to catch up again this year!
Each year we work to improve upon the previous years’
activities, capitalizing on those events for which we’ve received
positive feedback, as well as searching for new and exciting ideas to
incorporate into the ladies’ schedule. We encourage you to reach
out with your ideas and let us know what you’d like to experience
during your week-long stay in Lancaster.
Among the activities we’re bringing back in 2011, the Ladies’
Marketplace will be your one stop shop for vendors catering to
the ladies attending, bringing their best displays of jewelry, décor,
handbags, crafts and food under the poolside tent. The men don’t
get to have all the fun with this year’s Chiefs Challenge activities;
bring your pom-poms and get ready to join the ladies as we cheer
our regions to victory!
The largest event for our committee is the ever popular Ladies
Luncheon featuring great food and the Chinese Auction packed
with a huge variety of prizes to take home! Summer drinks by the
pool is also back, so come to the courtyard to take in a mixology
lesson, sip on some of your favorite cocktails and cool down
poolside with other attendees.
If you’re a Chief reading this, make sure you bring a magazine
home and let your spouse or significant other know what’s in store
this year! If you or your guest attendees have any questions about
the conference or ladies activities scheduled for this year, please
feel free to contact PCPA Headquarters @ 717-236-1059. Keep
checking your email alerts and your Bulletin magazines for more
details on all of the events and a full schedule with dates and times
for each.
Make those reservations now and we look forward to seeing all
of you this July!
Sincerely,
PCPA Ladies Committee
� �������"������� �� �������Incoming President Thomas DiMaria and his first lady Janet
welcome everyone with a boot scootin’ good time! Country at
heart, they’ve decided to throw a good old fashioned Hoe Down
with a Wild West-inspired dinner and live entertainment from
American Posse. A mix of county and variety music, this PA party
band is sure to get those spurs jingling on the dance floor during
the Tuesday night reception from 6 to 11 PM at Dinzeo’s Saloon. A
special surprise will have some attendees holdin’ onto their horses
to keep from being bucked off!
&0��������������4���Wednesday night is our crowning glory, and this is the time to
honor our traditions and look toward our future. This evening of
distinction is a time to reflect on our rich history and the leaders
who have brought us to this time of great success. It is also a
night when current achievements are acknowledged, including
those departments who have achieved accredited status. We will
gratefully acknowledge our President, Chief Daniel Kortan, Jr., for
his dedication over the past year. As he transitions to the Chairman
of the Board he will pass the presidential gavel in a ceremony full
of pomp and circumstance which also installs our new officers
and PCPA’s new President, Thomas DiMaria. Dress to impress
and stick around immediately following dinner for a night of
entertainment right there in the banquet room!
����������� ���5���6��"�Got Dinzeo’s? We do! Dinzeo’s after dark is where adults enjoy
stellar entertainment and camaraderie Sunday through Tuesday
nights. Ask anyone... it’s the place to be! (No children under 16
after 9:00 PM please)
�����������As always, this week promises relaxation and fun with something
for everyone. You should sign up on Sunday for all week’s exciting
events (spots will be limited). In addition to the Annual Ladies
Luncheon and Chinese Auction, we’ll have the always popular
“Summer Drinks by the Pool”, the Ladies Marketplace full of
vendors for everything from purses and jewelry to décor and
specialty foods, and new seminars and exercise classes to keep your
schedule packed with fun events all week long! Don’t miss out on
the fun!
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PA CHIEFS OF POLICE ASSOCIATION Blazing a Trail: A New Frontier in Leadership
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�������-����)'��$'))8:00 AM Golf Outing
Noon - 2:00 PM Lunch Open
Noon - 5:00 PM Registration
3:00 PM Education and Training Committee Meeting
3:00 PM - 6:00 PM Exhibit Hall Open (Reception) Hosp closed
6:00 PM - 8:00 PM Dinner/Opening Celebration
8:00 PM - 12:00 AM Hospitality
�������-����))��$'))8:00 AM Registration Opens
8:00 AM Business Meeting
9:30 AM Coffee Break in Exhibit Hall
9:30 AM - 2:30 PM Exhibit Hall Open
11:30 AM - 1:30 PM Lunch in Exhibit Hall
1:00 - 5:00 PM Open Records and other Legal Issues
Christopher Boyle, Esq., Marshall,
Dennehey, Warner, Coleman & Goggin
2:00 - 4:00 PM Telling Amy’s Story
Det. Diedre Fishel, State College Police
4 - 5:30 PM CIT Development in a Downtown/Suburban
to Rural County: Bucks County –
A Model Program
John McAlarney, II, J.D., Vice President -
Training, FTAC
6:00 - 7:00 PM Chiefs Challenge
7:00 - 8:00 PM Dinner Buffet
8:00 PM - 12:00 AM Hospitality
��������-����)$��$'))8:00 AM Registration Opens
8:00 - 10:00 AM 5 Concurrent Themes for Success
Gordon Graham, Graham Research Consultants
9:30 AM Coffee Break
10:00 AM - Noon Maximizing the Effectiveness of
Performance Evaluations
Gordon Graham, Graham Research Consultants
11:00 AM - 1:00 PM Ladies Luncheon & Chinese Auction
Noon - 1:00 PM Lunch
1:00 - 5:00 PM Technology Against Police
James Dill
1:00 - 3:00 PM Ethical Decision Making
Gordon Graham, Graham Research Consultants
3:00 - 5:00 PM Top Ten Things that get COPS in trouble
Gordon Graham, Graham Research Consultants
6:00 - 8:00PM President’s Hoedown/Dinner
8:00 PM - 12:00 AM Hospitality
����������-����)(��$'))8:00 AM Registration Opens
8:00 AM Business Meeting
9:30 AM Coffee Break
10:00 - Noon Leadership in the 21st Century
Chief Robert Martin, Susquehanna Township
10:00 - Noon Managing a Major Incident
Chief Robert Adams, Collingdale Borough
11:30 AM - 1:00 PM Lunch
1:00 PM PLEAC Meeting
1:00 - 3:00 PM Technology Projects
1:00 - 3:00 PM Media Relations
Rick Rosenthal, President,
RAR Communications, Inc.
2:00 PM Retired Chiefs Meeting
3:00 - 5:00 PM Accreditation
3:00 - 5:00 PM Marketing your PD
Rick Rosenthal, President,
RAR Communications, Inc.
6:00 PM Reception
7:00 PM -Midnight 98th Annual Dinner and Ballroom Hospitality
2011 TENTATIVE SCHEDULE
The proposed amendments to the bylaws are being forwarded through the BULLETIN to the entire membership and will be presented at the Annual Conference for a vote of the membership. Members are encouraged to discuss these changes among their county and regional associations and to contact their Executive Board Members or Association Headquarters for further information or questions regarding these amendments. �������������� ����Section 6. Active Life Membership. Every Active member
in good standing for twenty (20) years shall automatically be
accorded the status “Life” member and, as such, shall thereafter
be exempt from the payment of dues unless still employed
and qualified for Active membership. Exemption from dues
shall begin upon retirement from such a position. Any Active
member in good standing for a period of ten (10) years or more
may, by paying into the treasury of the Association a sum of
money equal to the annual dues multiplied by the difference
between his years of membership and twenty, be accorded the
status “Life” member and, as such, shall thereafter be exempt
from the payment of dues upon retirement from a qualifying
position. In addition, during each Annual Meeting, the
incoming President, in his discretion, can accord the status of
“Life” member to any member of the Association (including
himself ) and, as such, the member so selected shall thereafter be
exempt from the payment of dues.
Section 11. Dues. The annual dues structure of the Association
shall be determined by the Executive Board and approved by
a majority of the Association members present and entitled to
vote at the last business meeting held at the Annual Meeting.
PROPOSED BYLAW REVISIONS
���������������We’re changing things up at this year’s Chiefs Challenge competition to
see if Northeast can stay on top yet again! We’ll be introducing a large scale
team building exercise between the regions and brawn may not win over
brains this year as teams are expected to “sink or swim” in the Host pool.
While the teams prepare themselves for the challenge and dinner is brought
poolside, we’ll also have a series of relay races that might induce a little more
laughter than cheering! Official rules will appear in the next issue of the
Bulletin. Start assembling your teams now and let the games begin!
LET’S GET READY TO RUMBLE!
PA CHIEFS OF POLICE ASSOCIATION ��������
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BLOOMSBURGBloomsburg, on the North Branch of the Susquehanna River, has a population of 12,375. It enjoys the distinction of being the only incorporated town in Pennsylvania. Other municipalities of this approximate size are generally boroughs. This distinction arises from a special act of incorporation passed by the General Assembly on March 4, 1870. The community leaders of that time, desiring to establish a municipality, found it difficult to set off the built-up section from Bloom Township in such a manner that it would not leave the remainder of the township with a population too small to support a township government and also too widely divided in territory.
Bloomsburg’s earliest development was closely associated with the Indian period of American history. The Susquehannock Indians were the first occupants of the Susquehanna River Valley which served as a major route into Central New York State.
The police department’s patch was designed in 2001 by officers from within the department. The patch symbolizes the town’s fountain located in the center of historic downtown. The fountain was originally erected in 1892 and has been a landmark since when it was recently completely refurbished to its original vintage.
The Town of Bloomsburg Police Department is a legally constituted Police Department of the government entity having been organized by the Act of legislation enacted on March 5th, 1870. The original Town minute books located in the Bloomsburg Public Library Historical Review Section reveal that Thomas E. Geddes was appointed as the Town’s first Chief of Police on August 6th, 1870.
The Bloomsburg Police Department proudly wears this shoulder patch and are one of the state’s Accredited Law Enforcement Agencies.
SOUTH LONDONDERRY TOWNSHIPIn April 2007, this current shoulder patch concept was designed by Chief Jeffrey Arnold.
It is proudly worn on the South Londonderry Township police officers’ uniforms.
Research on the “coat of arms” design focuses on John Campbell, who was one of the more prominent citizens that first settled in the area. He was one of the many settlers of Scotch-Irish decent. Campbell was given one of the largest tracts of land (352 acres) in the area, by William Penn, known as Londonderry Township (now currently North and South Londonderry Townships). Campbelltown was formed and became the largest and oldest community, as well as a “hub” town between Harrisburg, Lebanon and Cornwall.
The “coat of arms” for the Clan Campbell of Argyll, Scotland was used in the design of the shoulder patch. Incorporated into the design was the Pennsylvania keystone as well as the bell from the H.M.S. Campbeltown, a historic ship, used by the British Navy in World War II that was given to the British by the United States. Argyll, Scotland is also the town for which the H.M.S. Campbeltown was named, as well as its namesake in the U.S. (Campbelltown, Lebanon County, PA).
The Latin words “Ne Obliviscaris” scrolled above the helmet were original to the Campbell coat of arms. Its meaning is “forget not”. The helmet signifies protection and security in defense; the two lions in red, depicts strength and courage; the two objects in black and yellow are called Gyronnys. They stand for Unity (and are also the main objects in the Campbell families from both Ireland and Scotland). The Latin words that surrounded the original Campbell family coat of arms were replaced with the words, “Servitum”, meaning “Service” and “Fiat Justitia”, meaning “Let Justice Prevail”. Lastly, the date when South Londonderry Township was formed was incorporated into the patch design, inside a banner at the bottom under the shield Est. 1894.
To see your agency’s patch featured in the next PA Patch Pride, please email a picture and description of your patch to [email protected].
PA Patch Pride
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PA CHIEFS OF POLICE ASSOCIATION ��������
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As you can see by the heading, the official title for the PCPA
Learning Management System (LMS) to be accessed via the PCPA
web-site has been determined and is well
on the way to being graphically branded
as well. Progress has been steady and
thankfully we were approved for an
extension of the PCCD funded grant
through August 2011. PCCD understood
that the complicated logistics of this
endeavor simply prevented completion within the original one-year
time frame. Marrying the Subject Matter Experts with our design
vendor (JPL in Harrisburg, PA)) has been an ongoing process.
JPL has done a tremendous job of moving the project forward and
progressing towards the final goal of delivering a quality product in
an on-line format.
The 2011 MPOETC Legal Update class will be the first out
the door with completion due by the first week in April. We are in
the process of determining which Departments will be included
in the Beta testing group that will complete the courses and rate
same. In addition to this group, we will also include the MPOETC
Commission themselves so they too can
evaluate whether this is a viable concept for
2012 training.
The other courses being created by JPL
with input from the Pennsylvania Coalition
Against Domestic Violence (PCADV) and
the Pennsylvania Coalition Against Rape
(PCAR) are also well under way and should be completed by late
April or early May. They too will be “hung” on our new LMS and
be tested in a similar fashion. The final course in this initial phase,
concerning fingerprint compliance and LiveScan/CPIN training, will
be last out of the barn with completion expected by mid-summer.
This course was identified as a real need by our friends at the PCCD
and will be a “blended” course of both virtual and hands-on training.
Please stay tuned and continue to check the PCPA website and
newsletters for more information about this exciting training project.
Pennsylvania Virtual Training Network (PAVTN) UpdateContributed by: Russ McKibben, PCPA Online Training Project Coordinator
Pennsylvania Chiefs of Police
Association provides its members with
updated information, training, and events
through several mediums including
member newsletters, the quarterly
magazine and regular emails. But to find
all of the updated information you’re
looking for all in one place, there is no
better medium than the new PCPA
website. Still www.pachiefs.org, but
with a whole new look and additional
features, the website is a comprehensive
and interactive look at every service the
Association can provide to its members.
Members who log in are automatically
directed to a welcome message which lets
you explore several pages that only you have access to, such as the
membership directory, message boards and links to the Bulletin
magazines and newsletters. Along with the members-only sections
of the site, there is a page for almost every service, event or
resource PCPA provides, all with detailed descriptions, pricing and
now the option to register for several events and training courses
online. Directions to register are listed under each event and you’ll
automatically receive your registration confirmation and invoice
by email making it easy to keep track of
every training class, event or conference
you’re attending.
One of the most beneficial services
for our members is the Member Message
and Discussion Board. Here, members
can post questions, requests for policies or
even ask for opinions on issues happening
within their department, region or the
Commonwealth as a whole. By clicking
“subscribe” on the board or under a
specific topic, any member can receive
updates and responses directly to their
email account. This is a great resource for
networking with your fellow members
and getting first hand information from
Chiefs who have dealt with the same question already.
We’re still adding to the website and thinking of new features
and services that would benefit our members and law enforcement
in Pennsylvania. If you have any suggestions for features you’d like
to see on the PCPA Website, please contact headquarters at 717-
236-1059 and share your ideas and feedback. We want to make
www.pachiefs.org the premier resource for the law enforcement
community and we need your help to make it happen!
NEW PCPA WEBSITE
PA CHIEFS OF POLICE ASSOCIATION ��������
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S P E C I A L O LY M P I C S T O R C H R U N
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Anybody remember 35mm film cameras?? You may think I’m
joking, but if you ask some of the younger officers, many never
owned a camera which used film. In addition, I often poll police
officers in my technology classes on the types of cameras that
are being used in their departments and it is no surprise to find
the vast majority have transitioned to digital photography and
why not?? With all the advantages digital has to offer including
outstanding point and shoot capabilities, excellent manual controls,
and amazing optical zoom lenses (Canon’s SX 30 is offering a 35X
zoom lens which is the 35mm equivalent to 28mm-840mm). That
coupled with image stabilization, 14+ megapixels and virtually
unlimited memory, what’s not to like!
Having lauded digital camera technology, I must also point out
that there are a number of serous considerations that need to be
addressed when using digital photography for police work. This
article is going to examine one very important aspect of digital
photography – EXIF information.
EXIF stands for EXchangeable Image File Format, and it is the
extension to an image file that holds the camera settings. It is also
referred to as a photograph’s metadata or DNA. It is a standard
that was developed in 1995 and currently applies to photographs
that are taken in a JPEG, TIFF, or RAW format.
TECH MANDATES | EXIF-Exchangeable Image Format:An Image’s DNAContributed by: James A. Dill, Deputy Chief (retired) PA Office of Attorney General
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PA CHIEFS OF POLICE ASSOCIATION ��������
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As we move to the second decade of the Twenty First Century,
what new technologies will influence policing? How will chiefs
know fact from vendor’s hype? How will chiefs know what laws and
policies are needed with these technologies? How do you make
sure the cost is fair and will produce a return on the investment or
are grant funds that can be used? Well, an excellent way to answer
these questions is through the power of a collective effort of many.
Rather than each individual chief having to research the issues
and develop policy from scratch, the Pennsylvania Chiefs of Police
Association is the perfect
way to make that happen.
Right now, the latest
hot technology is the
automated license plate
readers (ALPR). This is
a device that is capable
of reading hundreds of
vehicle license plates per
minute and checking them
against a database. On
the surface, it seems like a
great tool to find wanted
vehicles. However, a more
in-depth look reveals
there are lots of technical,
policy, and legal decisions.
There are multiple vendors
all selling systems based on different standards and each has its
advantages and disadvantages. Jurisdictions across the country that
have already implemented them are using them in many different
ways. Some use them for just wanted vehicles; some use them to
survey crimes scenes and record the vehicles in the area; yet others
are using them to record vehicles passing through a particular road,
bridge, or area. Toll roads, bridges, and parking lots are using them
to collect fees. Here in Pennsylvania, the State Police is using them
for wanted vehicles. The Turnpike uses them in conjunction with
E-Z Pass.
Beside the different vendor technology, there are multiple ways
to implement it. They can be permanently mounted to fixed
objects in a fixed location, mounted on the vehicles trunk, light
bars or hidden in the grill. They can be set to read to the front and
sides or to the rear and sides. There are mobile units that can be
moved from vehicle to vehicle. Each different system has different
database requirements, and there are different ways to approach
updating the data.
To assist your decision making process; help you formulate good
policy; and create a uniform standard for the data in Pennsylvania,
PCPA has been assisting the Pennsylvania Commission of Crime
and Delinquency’s Local Technology Workgroup. The group
has representatives from PCCD, local police, JNET, PSP, the
Attorney General’s Office, County DA’s and PCPA. Over the next
several months, the effort will continue until there is sufficient
information to formulate recommendations on technology
standards, policy models, and answer legal questions. The work
group’s task is to formulate
policies and standards
that will govern PCCD’s
grant funding for this
technology.
PCPA is assisting
the workgroup to gather
information from other
groups researching
ALPRs like IACP Law
Enforcement Information
Technology Standards
Council, NLETS, PSP,
local police, and other
states for the group. On
December 9th, the group
met at PCPA and looked
at some of the vendor’s
equipment. The benefits to the local police chiefs is that we can
provide a clear plan to the best use of this technology and acting as
a group, get a better return on the investment.
Beside the ALPR technology, the local technology workgroup
is looking at other technology issues like biometrics identity
management and Identification technologies; information
technology standards and architecture; and mobile and handheld
technologies for law enforcement.
Several workgroup members met last month with CJIS and
representatives from federal, state, and local law enforcement,
the department of defense, college professors, and others about
the emergence of the field of facial recognition as a science. Our
representatives made a presentation to the group about our central
booking and our use of facial recognition. The consensus of the
meeting is that Pennsylvania, because it works as a group and
already has infrastructure in place, is ahead of most others.
For questions or comments about this article or the workgroup
email [email protected] or call PCPA at (717) 236 1059.
Technology UpdateContributed by: Christopher J. Braun M.S.I.T., Pennsylvania Chiefs of Police Association, Technology Coordinator
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Baseball Caps/Visors $10.00 Car Emblems $9.00 Charms $10.00 Christmas Ornaments $2.00 Coffee Mugs $5.00 Coolers $10.00 Cuff Links $15.00 Duffel Bags & Tote Bags $10.00 Garment Bags $18.00 Golf Balls $10.00 Golf Umbrellas $20.00 Key Chains $6.00 Knives $10.00 Lapel Pins $2.00 License Plates $6.00 Mini Travel Bags $15.00 Money Clips $8.00 PCPA Miniature Police Cruisers $6.00 Pens $6.00 Throws $35.00
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PA CHIEFS OF POLICE ASSOCIATION ��������
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The Juvenile Justice and Delinquency Prevention Committee
(JJDPC) of the Pennsylvania Commission on Crime and
Delinquency, which advises the Commission on the distribution
of federal and state juvenile justice dollars, recently established a
Diversion Subcommittee to promote the creation of pre-adjudication
diversion programs and county-wide policies designed to hold non-
violent youth accountable without proceeding to an adjudication
of delinquency. This subcommittee was originally created as part
of the MacArthur Models for Change initiative and was primarily
focused on ensuring that youth with mental health needs would not
become unnecessarily involved in the juvenile justice system. The
focus has since expanded to address the gamut of diversion scenarios,
but mental health cases still warrant special consideration. Diverting
these youth will have considerable impact on communities and
service providers as 70% of youth in the juvenile justice system meet
the criteria for mental disorders.1
Studies have confirmed that diverting youth with mental health
needs to community-based treatment programs is effective and cost
efficient. Often youth with mental health issues do not get the
treatment they need within the juvenile justice system, thus posing a
threat to themselves and their communities2. Through partnerships
with local mental health resources, diversion programs provide
youth with necessary treatment while effectively preventing crime
and providing community safety. Additionally, Pennsylvania Act
148 provides fiscal incentives to treat youth close to home, in their
communities, and in the least restrictive environment. Counties
with community-based diversion programs are eligible to receive a
state reimbursement of up to 80% of the cost of services whereas
counties employing secure detention facilities to treat youth are
only eligible for a state reimbursement of up to 50% of the cost of
services.3
Robert Stanzione, President of the PA Council of Chief Probation
Officers, explains, “Diversion provides juvenile justice professionals
with an opportunity to address the criminogenic needs of young
offenders without compromising community safety. Not all juvenile
offenders need to be exposed to the full resources of the juvenile
justice system. With careful screening and assessment, and by
engaging community resources, diversion provides young offenders
with an opportunity to redeem themselves in their own community.”
Elton Anglada of the Juvenile Defenders Association adds, “The goal
of Pennsylvania’s Delinquency Courts is to rehabilitate juveniles in
need of treatment, supervision, and rehabilitation, and provide these
juveniles with the necessary life skills needed to succeed as they move
to adulthood. Diversion programs allow appropriate juveniles to
learn from their mistakes without being subject to the formal process
of a trial. For many juveniles, a diversion program is sufficient to put
them on the right path.” George Mosee, Deputy District Attorney
in charge of Juvenile Diversion in Philadelphia acknowledged that,
“when diversion works properly it ensures that non-violent offenders
are expeditiously held accountable, supervised and effectively treated.
Victim restoration can be accomplished without requiring numerous
court appearances. Appropriate charges can be disposed of without
burdening the already strained resources of our justice system.
Rather than waiting to testify in court, police officers can spend more
time on the streets keeping us safe and courtrooms can be reserved
for only those cases that require the full legal process. Regarding
juveniles with special needs, it benefits everyone when their needs
are immediately identified and they are diverted into an appropriate
treatment program as quickly as possible.” Keith Snyder, Deputy
Director of the Juvenile Court Judges’ Commission, also notes that,
“Juvenile court records can have significant long-lasting consequences
for children. It is critical that opportunities exist at all stages of our
system to divert children from formal juvenile court processing,
when appropriate, and to have records expunged consistent with
statutory and procedural rule mandates.”
With the help of Models for Change, a national initiative to
accelerate reform of the juvenile justice system, counties throughout
Pennsylvania have begun to implement diversion programs at
different points in the juvenile justice system. In the summer of
2009, Allegheny County piloted the Crisis Intervention Teams
for Youth (CIT-Y) curriculum, which trained police officers in
crisis response techniques designed to address the specific needs
of youth. On December 1, 2010 mental health experts and law
enforcement agents from Allegheny, Bucks, and Cambria Counties
who completed the original 40-hour CIT training convened in
Mechanicsburg, PA for a supplemental CIT-Y Train-the-Trainer
workshop. These individuals will, in turn, now be able to train law
enforcement officials in their counties with the CIT-Y curriculum.
In fall of 2009, Lehigh County implemented Student Justice Panels
(SJP) in four Allentown middle schools to prevent adjudication of
first time offenders and to assist schools in providing accountability
and guidance to offending youth. Youth referred to the panel
immediately receive a mental and behavioral health assessment that
is used to guide their course of treatment. Chester County launched
its own Intake Diversion Project in the fall of 2009 to divert eligible
youth from the juvenile justice system at the point of intake in the
juvenile probation department. The Intake Diversion Project also
utilizes mental and behavioral health assessments to assist in finding
an appropriate course of treatment for youth.
To promote pre-adjudication diversion work in Pennsylvania
the Diversion Subcommittee of the JJDPC will issue a funding
announcement in early 2011 for diversion programs and practices
in the counties, including those that target youth with mental
health needs. Proposals must include a formal protocol for the
diversion program/practice requested and be aligned with the
Guide to Developing Pre-Adjudication Diversion Policy and Practice
Diversion Subcommittee
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1Shufelt, J. & Cocozza, J. (2006). Youth with Mental Health Disorders in the Juvenile Justice System: Results from a Multi-State Study. Focal Point: Summer, 2006. 2Mental Health/Juvenile Justice Work Group of the Pennsylvania MacArthur Foundation Models for Change
Initiative. (2006). Mental Heatlh/Juvenile Justice Joint Policy Statement. Commonwealth of Pennsylvania:
September, 2006.3Arya, N., Lotke, E., Ryan, L., Schindler, M., Shoenberg, D., & Soler, M. (2005). Keystones for reform: Prom-
ising Juvenile Justice Policies and Practices in Pennsylvania. Models for Change: Systems Reform in Juvenile Justice. Retrieved November 15, 2010 from, http://njjn.org/media/resources/public/resource_285.pdf.
PA CHIEFS OF POLICE ASSOCIATION ��������
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Using this standard, a digital photo is encoded with a great
deal of information about how it was taken including the type of
camera, lens, as well as most of the camera’s settings.
Think of it this way. For years police photography instructors
told their students to carry around a notebook so they could take
notes on how they took a picture. Information such as film type,
shutter speed and f-stop were all valuable information that was
often times used in court. Today that information and more is
already encoded onto digital photographs in the above formats and
is very easy to obtain either through Windows or just about any
photo application!
In the example photograph below, just right click and use “Save
As” to save it to your hard drive. Then, if you are using a computer
with Window’s Vista or 7 operating systems, right click on that
photo and go to “Properties” and then click on the “Details”
tab. (See figure 1). Scroll down and you will see a plethora of
information relating to the image, camera, lens, file, and if taken
with a device that has a GPS (say your cell phone) in many cases
you will also see the longitude and latitude of where a photograph
was taken. (See figure 2).
Figure 1 Figure 2
Think of the evidentiary implications of not only the
photographs taken by your departments, but also the digital
photographs that are acquired through victims, witnesses, warrants,
intelligence, and especially through Social Networking sites. This
information can corroborate or refute alibis, provide leads, and help
resolve investigations. (Unfortunately the GPS information can
also be used against victims in stalking and harassment cases.)
Two important notes: First, some or all EXIF information can
be removed or edited either through Windows or any number of
software applications, so keep that in mind. Second, some Social
Networking sites strip the EXIF information when the photograph
is posted; however, the original that is maintained by the site
usually will have the information and can be subpoenaed.
In conclusion, EXIF information is a new concept to many in
law enforcement and I just touched on some very basic aspects of
it in this article. Please direct someone in your departments to
learn more. I strongly believe that every officer needs to have an
understanding of the concept both to assist in everyday police work
and to protect themselves and their families especially when posting
photographs online.(Jim Dill is a retired deputy chief from the PA Office of Attorney General. He
spent the majority of his career dealing with investigative technologies. He is now an investigative technology consultant and trainer with Alutiiq International and ITIS, LLC. More information regarding courses he instructs can be obtained at www.itis-llc.com or http://www.counterdrug.org.
If you have a question, comment, or an idea for an article he can be contacted at: [email protected]).
in Pennsylvania created by the Diversion Subcommittee through the
Models for Change Initiative in PA. The Guide is available for download
at the Juvenile Law Center’s website and may be accessed through the
following link, http://www.jlc.org/publications/guide_to_developing_
pre-adjudication_diversion_policy_and_practice/. The Principles of Pre-Adjudication Diversion in Pennsylvania, found at Appendix A of the
Guide, have been endorsed by the following organizations:
County Commissioners Association of Pennsylvania’s Human Services Committee
Juvenile Defenders Association of Pennsylvania
Mental Health Association in Pennsylvania
Office of Children, Youth and Families, Pennsylvania
Department of Public Welfare
Office of Mental Health and Substance Abuse Services, Pennsylvania
Department of Public Welfare
Pennsylvania Association of Intermediate Units
Pennsylvania Community Providers Association
Pennsylvania Council of Chief Juvenile Probation Officers
Pennsylvania Department of Education
Pennsylvania Department of Public Welfare
Pennsylvania District Attorneys Association
Pennsylvania Juvenile Court Judges’ Commission
Pennsylvania Juvenile Justice and Delinquency Prevention Committee
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The United States Supreme Court provided guidance to
government employers regarding employee use of electronic media
in City of Ontario, California v. Jeff Quon, et. al, (“Quon”),
2010 U.S. LEXIS 4972 (June 17, 2010). The Court held that a
government employer’s search of text messages sent and received
on a work-issued device when
the appropriate policy was in
place did not violate Fourth
Amendment search and
seizure protections.
The Court approached the
issue cautiously, however, so
as not to upset the balance of
the plurality in O’Connor v.
Ortega, 480 U .S. 709 (1987).
Although this case is not likely
to create any shock waves
in employment litigation,
it did provide a number of
guideposts to all employers
in navigating through the
choppy waters of monitoring
electronic media.
In Quon, the City of
Ontario issued pagers capable
of transmitting text messages
to its SWAT team, including
Jeff Quon. Each member had a certain limit of characters per
month pursuant to the City’s service contract with a third party.
The purpose of the pagers was to facilitate mobilization and
response to emergency situations. The City’s policy was as follows:
[The City] reserves the right to monitor and log all network
activity including e-mail and Internet use, with or without notice.
Users should have no expectation of privacy or confidentiality
when using these resources.
Quon signed an acknowledgment that he read and understood
the policy. The SWAT team was instructed during a meeting and a
through a follow-up memorandum that, despite the fact that they
were not routed though the City’s server, text messages would be
covered under the policy.
After the pagers were distributed, Quon exceeded the allotted
number of characters under the City’s plan. Quon’s supervisor
reminded him of the policy but that “it was not his intent to
audit the messages to see if the overage was due to work-related
transmissions.” The supervisor suggested that he reimburse the City
for the overages. Quon continued to exceed the limit and pay for
overages. The chief performed an audit to determine whether the
existing character limit was
too low, causing employees
to incur personal cost. The
Chief requested transcripts
of the text messages from the
third party. Many of Quon’s
text messages were found to
be personal. The matter was
turned over to internal affairs,
and it was concluded that
Quon violated City policy.
In its analysis, the Court
looked to the 1987 case
of O’Connor v. Ortega,
which involved the search
by hospital administration
of an employee’s physical
office, as guiding case law in
its leap into the electronic
world. If it is found that the
individual has an expectation
of privacy, the “employer’s
intrusion on that expectation for non-investigatory, work-related
purposes, as well as for investigations of work-related misconduct,
should be judged by the standard of reasonableness under all the
circumstances.”
Despite the policy in place and the specific instruction that texts
would fall under that policy, Quon maintained that he had an
expectation of privacy because of his supervisor’s statement that
an audit would be unnecessary if Quon paid for the overages. The
Court acknowledged the swiftness with which technology changes
and how employees’ privacy expectations may change; therefore,
in crafting its holding, the Court “assumed” that (1) Quon had a
reasonable privacy interest in his text messages; (2) review of the
transcript constituted a Fourth Amendment search; and, (3) the
principles applicable to a government employer’s physical office
apply to the electronic media world.
The Supreme Court Considers the Privacy Rights of a Public Employee’s Communications on an Electronic
Device Provided by the Public EmployerContributed by: Danielle M. Vugrinovich, Esq.*
PA CHIEFS OF POLICE ASSOCIATION ��������
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Accordingly, the Court focused on whether the City violated
Quon’s Fourth Amendment right through its search. In the
O’Connor opinion, the Court recognized that if the search was
conducted for a “non-investigatory, work-related purpose[e]” or for
the “investigation[n] of work] related misconduct,” a government
employer’s warrantless search is reasonable if it is “justified at its
inception” and if the “the measures adopted are reasonably related
to the objectives of the search and not excessively intrusive in light
of the circumstances giving rise to the search.” Citing O’Connor,
supra at 480 U.S. 725-726. The Court held that the search
did meet the standard applied under O’Connor and was, thus,
reasonable.
In so finding, the Court recognized that the search was
reasonable because its purpose was to determine whether the
character limit was exceeded for work-related purposes and to
ascertain whether an upgraded character plan was necessary. The
Court noted that the search was not “excessively intrusive” due to
the two-month scope of the review and that the audit was limited
to on-duty messages. Importantly, Quon should have expected,
due to his SWAT team position, that it may be necessary to audit
the messages for emergency purposes. The Court held that because
the search was motivated by a legitimate work-related purpose, and
because it was not excessive in scope, the search was reasonable.
In relation to Quon’s impact on the employment world, the
following points are instructive:
transmissions, require the employees to acknowledge receipt of
the policy, and demonstrate efforts to ensure that employees
understand the policy.
make comments about the application of the electronic media
policy in place that would undercut the policy.
policy is in place and the electronic media is contained on a
work-issued device.
transmissions.
As with all other employment relations activities, it is crucial
to document policies, the distribution and understanding of such
policies and the basis for any employment relations activities in
order to withstand the scrutiny of litigation.
* Danielle Vugrinovich is an associate in the Pittsburgh,
Pennsylvania, office of Marshall, Dennehey, Warner, Coleman &
Goggin and can be reached at (412) 803-1185 or dmvugrinovich@
mdwcg.com.
This article is reprinted with the permission of Danielle Vugrinovich, Esquire and the law firm of Marshall, Dennehey, Warner, Coleman & Goggin. This article is for educational and informational purposes only. The material contained herein is not to be construed as legal advice or to create an attorney-client relationship. © 2010 Marshall, Dennehey, Warner, Coleman & Goggin. All rights reserved.
As of January, 2011 Pennsylvania’s law enforcement community
has another tool at its disposal when investigating missing persons
cases in our state. The Missing Endangered Person Advisory
System is designed to rapidly disseminate information about a
missing person to the public and law enforcement agencies in order
to elicit assistance in the safe recovery of the victim. The advisory
has been developed with the cooperation of the PA Broadcasters,
PA Department of Aging, PA Legislature, and PA law enforcement
agencies who all recognize the benefit in seeking the public’s
assistance.
The following information has been compiled by the
Pennsylvania State Police (PSP) Criminal Investigation Assessment
(CIA) / Missing Persons Unit, which has the responsibility for
administering the MEPAS in Pennsylvania:
Pennsylvania’s MEPAS is a tool for law enforcement to use in
the event a person at special risk of harm or injury goes missing in
Pennsylvania. The MEPA uses the administrative email component
of the Emergency Alert System (EAS) (non-EAS broadcast) to send
the information to broadcasters, and a regional law enforcement
bulletin to police; the objective is to notify the public and law
enforcement agencies of a missing person who is in extreme danger.
In order to avoid desensitizing the public, strict criteria are in place
which must be met in order for an advisory to be issued. The
decision to issue a MEPA is made by the PSP MEPA Coordinator
or their designee.
����� ��� �� 1. The incident circumstances do not meet the criteria for an
Amber Alert and,
2. The person(s) are missing under unexplained, involuntary, or
suspicious circumstances and,
3. The person(s) are believed to be in danger because of age,
health, mental or physical disability, environment or weather
conditions, or are known to be in the company of a potentially
dangerous person or some other factor that puts the person(s) in
peril of serious bodily injury or death and,
4. The subject of the advisory has been entered in the National
Crime Information Center (NCIC) database under the Disability,
Endangered, or Involuntary categories and,
5. The incident is an active investigation conducted by a law
enforcement agency and,
Pennsylvania’s Missing Endangered Person Advisory System (MEPAS)
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6. There is sufficient information that, if distributed to the
public, could assist in the safe recovery of the missing endangered
person.
Any police department in Pennsylvania may request a MEPA
for a missing person case they are investigating. The investigating
agency will contact the PA State Police (PSP) Watch Center
by telephone at (877) 777-9975 and request a MEPA. The
investigating agency will be required to provide detailed incident
information and verify that the incident meets the criteria for
issuance. The PSP Watch Center and the PA Criminal Intelligence
Center (PaCIC) will issue the MEPA based on the information
submitted. The investigating agency will contact the PSP Watch
Center immediately upon case resolution to cancel the MEPA.
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from a residential facility in extremely adverse weather conditions
motor traffic area
wanders from their residence without their lifesaving required
medication
Administrative questions about the MEPAS may be directed to
the PA State Police CIA/Missing Persons Unit at (717) 783-0961
or (717) 783-0960.
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