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ON THE JOB NEWS EYE ON EDUCATION DISCIPLINE SOCIAL NETWORKING JUST HANDED DOWN federal civil liability. Still, the Court pro- vides valuable information on how they "see" facts of this type. In deciding whether a reasonable offi- cer could have thought this entry lawful, the Court refers to Brigham City v. Stuart, (2006), which held officers may enter a resi- dence without a warrant when there is an objectively reasonable basis for believing they or someone inside the residence was threatened with imminent injury. The officers in Ryburn testified to a list of factors that gave them reason to believe there was an imminent threat of violence, starting with Vincent's absences from school and being the target of bullying, to his mother's unusual and evasive behav- iors, and especially her dramatic response to the question of whether there were guns in the house. The Court acknowledges that the Huffs did not do anything unlawful in their refusal to allow police entry, or even in their evasive response to questions - but then finds there are many circumstances in which otherwise individual acts of lawful conduct may, when taken together, "paint an alarming picture." NATIONAL ASSOCIATION OF POLICE EQUIPMENT DISTRIBUTORS NAPED was created to bring together law enforcement distributors, industry professionals, and manufacturers to form a network for the purpose of mutually sharing the vast amounts of market experience, resources and product knowledge comprised within its membership. Networking NAPED conducts two general meetings each year, which offer Members numerous opportunities to network with nationwide industry peers. Education NAPED provides professional guest speakers at each of its general meetings. Our Benefits The primary goal of NAPED is to help its Members expand their markets and increase their profitability. To that end, membership in NAPED offers the following benefits. Support The ability of the Association's Members to lawfully work together and help each other has become a hallmark of the organization. Information NAPED provides its Members with information on customer trends, new products and tech- nologies, business and political issues affecting our Industry. NAPED publishes semi-annual electronic newsletters and timely industry related broadcast email communications. Business Resource Family Companies NAPED provides members access to business services and financial planning consulting firms that can assist in meeting the demands of an ever changing business environment. Collective Buying Power The NAPED General Members represent in excess of $800M in law enforcement equipment sales annually. Annual General Meeting & Conference NAPED presents a conference and trade show every spring where General Members can spend personal time with key, decision making personnel from leading law enforcement product manufacturing companies. Ultimately the Court decides that Sgt. Ryburn and the other police officers could have reasonably believed they were justi- fied in entering the Huff's residence with- out a warrant "to ensure that no one inside the house had a gun after Mrs. Huff ran into the house…" evading the question of whether anyone in the house had a gun. The Court reviews the rapidly evolving situation from the perspective of the officers, and gives great deference to the testimony of the officers describing their fear of poten- tial violence in lig-ht of the whole situation, especially when Mrs. Huff "immediately" ran into the house when asked about guns. The Court states Ryburn and the other offi- cers could have concluded "that the Fourth Amendment permitted them to enter the Huff residence if there was an objectively reasonable basis for fearing that violence was imminent," and decides they acted rea- sonably in this situation. In both cases, police are doing the things that police officers may often do in on-scene investigations, reacting to circumstances as they unfold. In Perry, the witness's sponta- neous identification of the suspect alleviated the need for the police to initiate an identifi- cation procedure that would have been the normal protocol. Because the witness iden- tified the suspect on her own, there was no need to scrutinize a police out-of-court iden- tification procedure. The Ryburn case is a reminder that po- lice are judged "from the perspective of a reasonable officer on the scene, rather than the 20/20 vision of hindsight." Graham v. Connor (1989). It is significant that the Ryburn officers testified to the substance of their concerns, specifically explain- ing the details that caused them to be- lieve they were in a dangerous situation, rather than merely stating they "feared for their safety or the safety of others." The detailed description of the danger as the officers experienced it clearly helped the Court reach its pro-police decision. LaO Post your comments on this story by visiting www.lawandordermag.com Click on EInfo at - www.lawandordermag.com reader service #14 18 LAW and ORDER I May 2012