Welcome to the Missouri Sheriffs’ Assocation
The Missouri Sheriffs’ Association is a non-profit organization with a mission to support the Office of Sheriff and the Constitution through legislative efforts, training and technical assistance, in its efforts to make communities a safer, more enjoyable place to live, to work, and to raise a family. We value Honesty, Hard Work and Personal Responsibility.
The September 12th headline from the Huffington Post states “Muslim Inmate Claims Kansas Prison Officers Harassed Her Over Headscarf.”1 The national legal advocacy group Muslim Advocates has notified the Leavenworth Detention Center (LDC), the Department of Justice and the US Marshals Service the “actions that have taken place in the Leavenworth Detention Center are in clear violation of federal law,” Nimra Azmi, a staff attorney for Muslim Advocates, said in a statement. The group is alleging religious right violations and failure to meet and ensure compliance to federal detention standards.
A strong defense is always needed to show policies, procedures and the actions of individuals did not violate clearly established laws.
Some administrators (and inmates and advocate groups) assume that the score on their last federal audit or the fact they are nationally accredited is a solid defense card. This simply is not true. While audits and the accreditation process can be useful for discovery, verification and documentation, they are only as good as what is being measured! Generally what is being measured reflects what the outside agency thinks is most important. They also only reflect a snapshot in time and cannot possibly capture everything that may be occurring in the jail on any given day or shift.
In short, how do you know if your jail is legally defensible? So, here’s a question to consider in answering that question: When was the last time your jail was audited to what the law requires?……more
May an officer require the driver and passengers to get out of the car, solely for safety reasons and without any individual reasonable suspicion of criminal activity?
The U.S. Supreme Court has repeatedly and unequivocally held that officers may order the driver and any passengers to get out of the car until the traffic stop is over (Maryland v. Wilson, 519 U.S. 408 (1997); Pennsylvania v. Mimms, 434 U.S. 106 (1977) (per curiam)). However, a handful of states have rejected the Mimms/Wilson rule on state constitutional grounds. For example, see Commonwealth v. Gonsalves (711 N.E.2d 108 (Mass. 1999), rejecting Mimms/Wilson); State v. Caron (586 A.2d 1127 (Vt. 1990), upholding exit order on the basis that police had reasonable suspicion that person stopped was armed and dangerous); and State v. Kim (711 P.2d 1291 (Haw. 1985), rejecting Mimms)…..more
Serving as Sheriff is More Than a ‘Job’
Miller County Sheriff Louis Gregoire said he wished he had a better story to tell but admitted that his is like many others: While growing up, all he ever wanted to be was a cop.
“It’s an old cliché, I know, but it’s the truth. My grandpa was a cop in Independence and my uncle was a deputy… Read More