The ABLE Project

Years of academic research and on-the-ground experience has shown that effective, active bystandership can be taught. The Center for Innovations in Community Safety, partnering with global law firm Sheppard Mullin, has created ABLE* (Active Bystandership for Law Enforcement) to prepare officers to successfully intervene to prevent harm and to create a law enforcement culture that supports peer intervention. ABLE training provides practical, scenario based training for police agencies in the strategies and tactics of police peer intervention.

ABLE is a national hub for training, technical assistance, and research, all with the aim of creating a police culture in which officers routinely intervene—and accept interventions—as necessary to:

• Prevent misconduct,

• Avoid police mistakes, and

• Promote officer health and wellness.

Are you interested in ABLE training? If so, please contact OMAG Law Enforcement Specialist Kevin Katz and visit www.omag.org/able to learn more!

*ABLE Project, Project ABLE, ABLE, and Active Bystandership for Law Enforcement are trademarks of the President and Directors of Georgetown College.

CLEET Corner

As a reminder to all Full-Time and Reserve Certified Peace Officers, it is getting close to the end of the calendar year, and your annual continuing education hours will be due by December 31st, 2024. CLEET understands that meeting these requirements can be challenging, but CLEET is here to support you. Annual hours must consist of a minimum of the following: twenty-five (25) hours of CLEET cataloged hours, including two (2) hours of mental health, one (1) hour of missing persons, one (1) hour of sexual assault, and a firearms qualification. Certified reserve officers must complete a minimum of eight (8) hours of CLEET cataloged continuing education with one (1) hour being mental health, one (1) hour of sexual assault, one (1) hour of missing persons and a firearms qualification. CLEET has partnered with the Oklahoma Department of Mental Health to provide sexual assault and missing persons training, which is linked on the homepage of their website and will also include your mental health hours. The training provided on the website is just an option for sexual assault and missing persons, but it's a valuable one. Sexual assault and missing persons is currently an annual training, as required by statute. www.ok.gov/cleet/

First Amendment Auditors and the Police

You’ve probably seen one…………maybe you’ve encountered one: a First Amendment Auditor. A First Amendment Auditor is a person who asserts his/her rights under the First Amendment of the U.S. Constitution to film or photograph public employees in public places. A First Amendment Auditor visits government buildings, police stations, and other public areas to record interactions with public employees and tests whether the Auditor’s rights are respected.

The stated goal of many First Amendment Auditors is to promote transparency and accountability in government by ensuring that public employees’ respect citizens’ rights to freedom of speech, press, and assembly. The apparent goal of some First Amendment Auditors seems to be to provoke or bait public employees into violating the First Amendment. So how should a police officer respond when confronted with a First Amendment Auditor? Here are some tips and things to remember:

• You should assume you are being recorded, at all times.

• The public has a First Amendment right to audio and video record or photograph police in public.

• Public spaces includes parks, beaches, streets, roadways, and buildings designated for public use.

• The Fourth Amendment applies to seizures and searches of recording/photographing devices, which means that a warrant is usually required to search and/or seize such device.

• Acknowledge the Auditor’s right to record you, but avoid lengthy conversations with the Auditor.

• Advise the Auditor if he or she is doing something that is not permitted.

• Direct the Auditor to a location that is a reasonable distance from the incident, but still allows the Auditor to record the incident.

• Designate a reasonable police perimeter which applies to all individuals equally, not just the Auditor.

Importantly, arrests of individuals who are recording police activities must be based on factors that are unrelated to the act of recording. Recording the police does not, of itself, establish legal grounds for arrest, issuance of citations, or taking other actions to restrict such recordings.

In the age of social media and widely seen platforms like YouTube, every negative (in the eyes of the Auditor) interaction with police is shared instantly with a global audience. Where public perception is shaped by likes, shares, and comments, the more reasonable, calm, and patient you appear to be……….the better.

OMAG's Expected Use of Lexipol

OMAG is dedicated to supporting its members in navigating the complexities of modern policing. To this end, OMAG offers its members many free, law enforcement resources that are designed to, among other things, reduce law enforcement liability and risk. One of the most significant of these is access, at no cost to the member, to Lexipol policies and Daily Training Bulletins (DTBs). Lexipol’s policies are up-to-date with both constitutional and state laws. On the one hand, your PD’s use of Lexipol Policies and DTBs help reduce law enforcement liability and risk prior to a law enforcement action. On the other hand, your PD’s use of Lexipol Policies and DTBs help defend your municipality and individual supervisors and officers if litigation results from some law enforcement action. In contrast, failure to have constitutionally adequate policies or failure to train on them if you have them are hurdles that are nearly impossible to overcome if litigation results from some law enforcement action.

OMAG has seen a drastic rise in the number and costs of law enforcement claims, in recent times. Here in Oklahoma, jury verdicts and settlements in recent years on law enforcement related claims have reached high amounts that exceed available insurance or are not covered at all. As a result, settlements or verdicts get passed on to the citizenry via sales tax increases, property roll assessments, payment via certain municipal fund balances, etc. OMAG has observed that many of its members are NOT fully utilizing Lexipol or other law enforcement resources OMAG offers. Because of this, moving forward-a member’s use or non-use of Lexipol policies and DTBs could impact your municipality’s premiums, deductibles, or participation in OMAG’s General Liability Plan in the future.

OMAG's Police Liability Update (November 2024)

HB 4156 (Immigration) is Likely Unconstitutional

HB 4156 enacted two new statutes (21 O.S. §1795 and 22 O.S. §988.25) effective July 1, 2024. The first statute established a new State criminal charge which could be filed against any illegal alien who was found within the State. HB 4156 has drawn strong criticism from law enforcement, including expressions of concern about the potential for allegations of racial profiling. The Constitutionality of HB 4156 was also questioned in light of a United States Supreme Court opinion which held that States have no authority to enact State statutes which criminalize violations of Federal immigration laws. Arizona v. United States, 567 U.S. 387 (2012).

A Federal Judge recently issued a preliminary injunction which bars enforcements of the new HB 4156 statutes. United States v. Oklahoma, No. 24-CV-511 (W.D. Okla. June 28, 2024). A preliminary injunction is just that – preliminary (and not final). It will stay in place until a final ruling is issued regarding the constitutionality of HB 4156. It is expected that Oklahoma will appeal the issuance of the preliminary injunction to the 10th Circuit Court of Appeals. It is also expected that the 10th Circuit will not disturb the injunction during the appellate process. While the 10th Circuit has no authority to overrule a United States Supreme Court precedent, the 10th Circuit’s final ruling can be appealed to the United States Supreme Court. It is worth noting that Texas adopted similar legislation and is also involved in similar litigation. A preliminary injunction was issued against Texas in February. Texas’ appeal related to that injunction is pending before the 5th Circuit Court of Appeals.

We may know within the next year whether the United States Supreme Court will agree to hear an appeal related to the Oklahoma and/or Texas legislation. If it does, a final decision may not be issued until late 2025 or early 2026. For time being, HB 4156 is unenforceable.

Law Enforcement Value Added Services

OMAG is committed to being the go-to resource for our member law enforcement agencies to mitigate law enforcement claims and lawsuits. In recent times, law enforcement related claims and lawsuits have increased dramatically. To mitigate law enforcement liability, OMAG offers many Value Added Services (VAS) to its members. Some of these include:

• Lexipol Police Policy Manual: Lexipol provides Oklahoma-specific, customizable Police Policy Manuals, along with timely updates, based on federal and state law, regulations, and best practices.

• Lexipol Daily Training Bulletins (DTBs): These are short, scenario-based training modules, modeled after your Department’s Policy Manual, which are designed to provide training specific to your Department’s Policy Manual.

• ABLE Oklahoma: ABLE is a national hub for training, technical assistance, and research, all with the aim of creating a police culture in which officers routinely intervene and accept interventions, as necessary, to prevent misconduct, avoid police mistakes, and promote officer health and wellness. OMAG strongly encourages all OMAG law enforcement agencies to become an ABLE certified agency and will assist your agency to become ABLE certified.

• OMAG LELA Training Series: This is an intensive training series on law enforcement liability for select law enforcement personnel around the State. The OMAG LELA Training Series is typically held twice a year and each series consists of three training sessions, each consisting of traditional classroom training and roundtable discussions, utilizing case law, body cam, and other materials from real-life incidents.

• Online training through LocalGovU: Courses are available for public safety and law enforcement employees, many of which offer CLEET credit.

• Police Officer/Dispatcher Background Investigation Forms: Background investigations are vital to ensure that a Police Department is hiring qualified, competent, honest, and capable officers. OMAG has put together some sample forms, letters, checklists, questionnaires, etc. to make the background investigation easier for our members.

• Onsite training: Our law enforcement training is specifically tailored to the needs of police departments.

For all your law enforcement needs or questions, contact Kevin J. Katz, Law Enforcement Specialist, at kkatz@omag.org or (405) 657-1400 or Ambre C. Gooch, Associate General Counsel, at agooch@omag.org or (405)657-1447.

OMAG's Police Liability Update (August 2024)

OMAG's Police Liability Update (May 2024)

The ABLE Project

Years of academic research and on-the-ground experience have shown that effective, active bystandership can be taught. The Center for Innovations in Community Safety, partnering with global law firm Sheppard Mullin, has created ABLE* (Active Bystandership for Law Enforcement) to prepare officers to successfully intervene to prevent harm and to create a law enforcement culture that supports peer intervention.

ABLE training provides practical, scenario-based training for police agencies in the strategies and tactics of police peer intervention. ABLE is a national hub for training, technical assistance, and research, all to create a police culture in which officers routinely intervene—and accept interventions—as necessary to:

• Prevent misconduct

• Avoid police mistakes

• Promote officer health and wellness.

Are you interested in ABLE training? If so, please contact OMAG Law Enforcement Specialist Kevin Katz and visit www.omag.org/able to learn more!

*ABLE Project, Project ABLE, ABLE, and Active Bystandership for Law Enforcement are trademarks of the President and Directors of Georgetown College.