ANNOUNCEMENT OF LAW SEMINAR ON APRIL 11, 2017 AT MONROEVILLE, PENNSYVANIA, AND ON APRIL 13, 2017 AT MERCYHURST, PENNSYLVANIA The seminar will be

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1 ANNOUNCEMENT OF LAW SEMINAR ON APRIL 11, 2017 AT MONROEVILLE, PENNSYVANIA, AND ON APRIL 13, 2017 AT MERCYHURST, PENNSYLVANIA The seminar will be identical at both locations. The title of the seminar is: Seminar on use of force and deadly force, search of motor vehicles and search of homes. MPOET credits: The seminar has been approved for six (6)

2 MPOET credits, CLEE ID # CLE Where and when: 1. On April 11, am to 4 pm. (registration at 8:30 am) At the Monroeville Public Safety Training Center 2465 Johnston Road, Monroeville, PA For help with directions you may call On April 13, 2017, 9 am to 4 pm (Registration 8:30 am) at Mercyhurst University, North East Janet Miller Building 5999

3 State Route 89 North East, PA for directions call WHAT WILL BE TAUGHT: A. Police use of taser and deadly force. (About two hours) 1. Discussion of court decisions on use of the taser: When use of taser is not excessive: When use of taser is Excessive: Objectives: To enable police officers to know when a court of law will and will not support their use of the taser 2. Discussion of court decisions on deadly force: When use of deadly force is not excessive.

4 When use of deadly force is excessive General rules courts follow in deciding if deadly force was lawful: Would a reasonable police officer have used the force you used under particular facts and circumstances you faced? You must sense or feel fear that you, or others, are in imminent and immediate danger of loss of life or serious physical injury. If prior law said your force was excessive, in the particular circumstances you faced, it will be excessive. If there is no prior law dealing with your particular facts, saying your force was excessive, then the force you used will be held not excessive. If no prior law existed when you used the force you used, which said your force was excessive, you will be granted immunity from liability for using the force. If no prior law existed when you used the force you used, which said your force was excessive, but the court rules for the first time that the force you used was excessive, you will be granted immunity from liability for using the force. You cannot be held liable for using force you were not aware was excessive when you used it. Factors courts use (and which police officers should use) for deciding if excessive force is/was used are: 1. Severity of the crime 2. Active resistance to arrest or fleeing to avoid arrest 3. Posed immediate threat of death or serious physical injury Objectives: To enable an officer to understand how and why

5 courts evaluate whether the officer used excessive force, and how and why they will and will not give a police officer qualified immunity (not require him to stand trial and dismiss the complaint against him). To enable the officer to understand the rule that allows him to shoot and kill a person without waiting (without hesitating) to see if the person is actually armed. (Stan s Note: Police are afraid to shoot for fear they will be prosecuted and criticized, even though they fire at the moment they believe their life is in immediate danger, which is what courts say is the law. The objective is to save the lives of police officers, by giving the officer sufficient confidence in his/her knowledge of the law so that the officer will not hesitate using force, including deadly force, if necessary, the instant he/she senses fear for their life, even if they do not see a firearm and does not know for sure if the person has a firearm, the courts do not require that he first see a gun before he has a right to use deadly force.

6 B. Police search of vehicles and traffic stop of vehicles 1. Discussion of court decisions explaining when police must obtain a warrant and need not first obtain a search warrant before searching a vehicle. 2. No need for a search warrant (no Emergency is required only probable cause is needed) Objectives: To enable police to understand that they have right to search a vehicle without a warrant or consent based solely on probable cause, and the vehicle need not be mobile 3. Traffic stop, creating a mere encounter before asking more questions after stop is over Objectives: To enable police to understand that to create a mere encounter after a traffic stop and they need to only tell the person they are free to leave or they have the right to refuse to consent 4. Traffic stop, creating reasonable suspicion before end of traffic investigation to justify detention created after traffic investigation is over Objectives: To enable police to understand that if they develop reasonable suspicion during a traffic stop, they may continue to detain the person based on that reasonable suspicion

7 C. Search of Homes 1. Explanation of the Fourth Amendment, Section 8, of the Pennsylvania Constitution, why and how some decisions of the two courts on the same point of law differ from each other, and the role of Courts interpreting Constitutional provisions so that police officers have a better understanding of the courts and the law that they declare and interpret Objective: To enable police to understand why when the U.S, Supreme Court says that the police have authority to take a certain action, the Pennsylvania Supreme Court can tell police they have to authority to take that action 2. Discussion of court decisions on when a search warrant is needed and when a warrant is not needed: Emergency Consent Objectives: To explain the various fact situations under which police will and will not have right to search a home without a search warrant 3. Lawful entry onto curtilage without a warrant Objective: To enable police to understand when and why they may lawfully enter the curtilage without a warrant, and the limits on what they can and cannot do

8 METHOD OF INSTRUCTION: The method of instruction (powerpoint) I will use will be to interact with the officers in attendance explaining to them the most recent and valid court decisions. I will state the facts as they were established in the court decision we are explaining, followed by a question to the class asking how they would act in those facts, which would involve the officer/student applying the law of which he/she is then aware to show how and why he would act in the way he said he would. After the class

9 finishes answering the question, I will state how the court answered the question and then the class can compare what they answered with what the Court answered. If their answer was not the answer given by the Court, the student will thereby be updated on what the current law is and what action it requires. This is basically the method of instruction my law professors at Chase College of Law used for three years and prepared me to pass the BAR exam and be sworn in as an attorney at law.this is the way I

10 taught in my law classes at IUP for 30 years. It worked then, and students who became police officers remind me that it helped them in their law enforcement careers. I constantly reminded them in class, the objective is L.A.R.A. (Legal analytical reasoning ability). They knew where I was coming from. I wanted them to think like a lawyer and solve legal problems by thinking and analyzing any fact situations like a lawyer to arrive at a legally sound conclusion or solution to any legal problem. It should still

11 work. I have instructed this way to police officers in more than 50 legal seminars in and out of Pennsylvania over the past 40 years. I am 83 years young and getting younger in mind and body. And I still occasionally fire/ shoot my Sig Sauer and Beretta at a target range like I did as a Cincinnati, Ohio, police officer, so I can come to the aid of any police officer or family member I may see in immediate mortal danger. I have a license to carry. Actually, the instruction will continue long after you leave. Knowledge, especially legal,

12 judicial and legislative knowledge does not remain the same, it is evolving, ever changing, like ice melting in the sun. My intent is to constantly monitor the instruction we gave in light of the changing, evolving law and look for changes they bring to the instruction that was given. We will constantly research new court decisions and legislation and Rules of Criminal Procedure. When a change in law or statute or Rule makes something said in the instruction change, this change will be ed to you at the

13 address you give, so that you can be up to date constantly and operating on current law. The seminar may end, but not the instruction. As I said above, I will constantly monitor the current court decisions and legislation, with Jason s help, to see whether they change anything said in our instruction, and if there is a change I will make the change on the page in your course book and it to you to print and insert. The instruction is like blood, it constantly flows

14 bringing and maintaining life in and to our bodies. Instructors: 1. Stanley Cohen (24/7 for advice to police) BA Degee from University of Cincinnati 1959 JD degree Salmon P. Chase College of Law 1966, passed Ohio Bar 1966, and admitted to practice as Attorney at Law in Ohio

15 Honorable discharge from U.S. Army, 82nd Airborne Division, Retired Professor of Law at IUP (36 years) Has taught numerous seminars to Pennsylvania police officers past 40 years Has been writing The Pennsylvania Police Criminal Law Bulletin monthly since 1972 to present, and has been ing the Bulletin to police officers and Police Departments for one year.

16 He was qualified as an expert witness in Pennsylvania law on search and seizure at an arbitration hearing and testified on behalf of a police officer who was wrongly terminated, and the arbitrator awarded the officer reinstatement based on my testimony that the Fourth Amendment was not violated by the officer. It is like helping a brother officer. It is one of my proudest accomplishments, other than marrying my wife, Arlene.

17 He was a Police Officer for the Cincinnati, Ohio, Police Department, 1960 to 1967, leaving to teach in the Criminal Justice Program at Indiana University of Pennsylvania, Indiana, Pa ( ), where he encouraged and inspired many graduates to enter law enforcement, which was his purpose for leaving police work, one his proudest accomplishments. 2. Jason Syska, Jason.Syska@gmail.com Point Park University, Pittsburgh PA

18 M.S. Criminal Justice/Law and Legal Studies, 08/2004 Graduated Cum Laude Point Park College, Pittsburgh PA B.S. Criminal Justice, 05/2002 Graduated Magna Cum Laude Penn State University, State College PA B.S. Biology/Pre-Medicine, Paramedicine , withdrew with paramedic certificate awarded Community College of Allegheny County, Pittsburgh PA A.S. Criminal Justice, 05/2000 Graduated with Highest Honors. Woodland Hills Senior High School, Churchill PA Graduated 06/1994 with general high school diploma Ross Township Police Department, Pittsburgh PA Employed from 06/2005-Current Police Officer I currently serve as a full time commissioned police officer assigned specifically to the Traffic Enforcement Division as a motor patrol officer. I have extensive training in DUI detection and enforcement and currently

19 serve on the North Hills DUI Task Force. I am also assigned to the Collision Reconstruction Team where I function as a collision reconstructionist. In addition I function as a weigh-master and child safety seat installation technician. University of Pittsburgh Police Department, Pittsburgh PA Employed from 10/ Police Officer I served as a commissioned police officer on a large urban based college campus where I was assigned to general patrol pool, building and event security, and emergency response team duties. Community College of Allegheny County, Pittsburgh PA Employed from 08/2014-present Adjunct Instructor I serve as an adjunct instructor in the areas of PA Dept of Health Rescue and EMS curriculum, and have recently developed the curriculum for Evidence Recognition and Preservation for the First Responder. Pittsburgh Technical Institute, Oakdale PA!

20 EXPERIENCE:! Employed from 08/ Adjunct Instructor I served as an adjunct instructor in the associates level Safety and Security program teaching in the areas of; Criminal Procedure, Use of Force in Law Enforcement, and Introduction to Criminal Justice. IADT Pittsburgh Campus, Pittsburgh PA Employed from 08/ /2007 Adjunct Instructor I served as an adjunct instructor teaching in the areas of; Introduction to Criminal Justice, Criminal Procedure, Constitutional Law, Criminal Law, Career Development, Collision Investigation and Analysis, Forensic Methods, and developed the curriculum for the Collision Investigation and Analysis course. VOLUNTEER EXPERIENCE: West Homestead Fire Rescue, West Homestead PA 09/2003 to present Firefighter/Paramedic/Rescue Specialist Pittsburgh Regional Police Blueliners Hockey Association, Pittsburgh PA 07/2006 to present

21 President and Founder, Non-profit Hockey Organization designed to raise funds for fallen and/or injured emergency services providers. Pittsburgh Police Emerald Society Pipes and Drums 12/2005 to present Bagpiper Western PA Firefighters Memorial Honor Guard Pipes and Drums 12/2005 to present Bagpiper Those of you who want to ask me any questions after the seminar ends at 4:30 p.m. can remain and we will clarify any questions you may have. Those of you who have to leave, I will notify you by of anything discussed that you need to know.

22 Registration fee For one person $90.00 For each additional person over four $79.00 Please complete the following form and mail to Police Law Services, 3027 N.W. 66th St., Seattle, Wa 98117, with a check, payable to Police Law Services, for the appropriate amount. Registration Form Name of Department Name of contact person Address Telephone and address

23 Number of officers attending (On a separate sheet give the names and addresses of the officers who will attend if known, and substitutes may be made) A certificate of attendance will be handed at the end of the seminar A disc containing all Bulletins published from January 1072 through the current one at time of seminar. The disc can be scanned in seconds using Adobe Reader for court decisions to persuade a court to deny defense counsel motions to suppress or to dismiss charges. It contains my book Police Law Problems and Solutions consisting of questions Pennsylvania police officers asked me and my answers to them. All the information covered in the seminar will be contained on a searchable compact disc and handed out at the end of the seminar.