Reviving the “Ten Deadly Errors”
Patrick Siewert
Director of Digital Forensics & eDiscovery ?? Adjunct Professor & Nationwide Instructor ?? Expert in Digital Evidence & Cellular Location Records Analysis
When I joined the law enforcement family in 2000, like most rookies, I was very wide-eyed and tried to gobble up any valuable information I could.? I had several mentors who helped inform where I wanted my career to go, and more importantly, where I didn’t want it to go.? One of them, a local Patrol Officer, was involved in a shooting in 1997 where he was shot multiple times at almost point-blank range with a .357 Magnum and lost a testicle in the gunfight.? Fortunately, his vest saved his life and is now on display at the National Law Enforcement Memorial Museum in Washington, DC.
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His experiences, as well as my studies of police patrol work, led me to the Calibre Press texts and seminars.? The treatises of “Street Survival” and “The Tactical Edge” became my proverbial bibles in my early policing days.? One of the biggest tips I took away from those manuals of survival was the “Ten Deadly Errors of Law Enforcement” – a series of things to mostly avoid when working patrol in virtually any capacity, which were originally developed by an LAPD Detective in 1975.? I kept a laminated card with me at all times that listed these Errors, and I tried my best to learn from them and fashion my professional approach moving forward.? Furthermore, if I got into a physical confrontation with someone or was hurt in some way on-duty, I would refer to “The Ten Deadly Errors” to see which of those I’d violated to lead to the situation and try hard to re-wire my approach to avoid doing that again.
After a 15 year career full-time with a badge and gun, which was book-ended by working at two college PD’s with an 11-year stint in between at a full-service rural Sheriff’s Office working patrol, narcotics, internet crimes and SWAT, I hung up my badge in pursuit of other endeavors, but still currently keep my feet wet in law enforcement as an Adjunct Instructor for a nationwide active shooter response training group and locally at one of our regional police academies, teaching everything from “tactical to technical”.?
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I teach police recruits fairly often – at least twice a year.? To say I have mixed emotions about the product coming into and out of police academies nowadays would be an understatement (and a whole other topic), but one thing I never hear them reference are “The Ten Deadly Errors”.? I’m not sure if this is because they are somewhat “old school” by today’s standards, they simply don’t remember them, or I’m just not around at the place and time when they’re taught, but they should be not only taught, but reinforced repeatedly throughout the academy.? Why?? Because learning from these ten simple things can save your life in police work.
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So, in full deference to the fine folks at Calibre Press, and in the spirit of keeping “The Ten Deadly Sins” alive, I’m going to list and review them, with an updated twist and commentary on each:
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1.???? ?Failure to Maintain Equipment and Proficiency.
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Seems pretty straightforward, right?? Not so much.? Even “modern” firearms qualification incorporates very little (or no) training at the recruit level.? There is a difference between qualification and training.? Qualification is to get to a point of a minimum mandated standard.? When achieved, this should not be the end of firearms training, rather the beginning.? Those who simply stand in front of a paper target and poke 9mm holes in it once or twice a year and go home and never touch their firearm again until the next mandated time at the range are doing themselves (and their co-workers) a disservice.? Proficiency with a firearm means training in dynamic situations, multiple positions, under physical duress and still hit the target, which should be ideally also be dynamic (i.e. moving, shooting back).? I’ve professed for years that we do more firearms training during courses which implement Simunitions without firing a live round than most people get at the range.?
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But firearms proficiency is only one piece.? Notice the first of the Deadly Errors doesn’t mention firearms, it mentions “equipment”.? Other considerations with regard to maintaining your less-lethal options are just as important, if not more so, than when these rules were written in 1975.? Pepper spray, ASP baton, Taser and any other less-lethal tools your agency implements need to be maintained and consistently trained upon in order to achieve proficiency.? We’ve all seen too many videos of officers who grabbed their firearm and shot someone when they meant to grab their taser as a less-lethal option.? Responsibility for proficiency is not on your department or your academy.? Proficiency is your responsibility because ultimately, you’re the one employing any of these measures to address a given situation.
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2.??? ?Improper Search, Improper Use of Handcuffs
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What is an “improper search”?? One that gets you or the subject hurt or killed.? One that doesn’t find contraband, particularly contraband that could get you or the subject hurt or killed.? Searching is an art, and must be practiced, honed and refined over time with experience.? Case law factors into this, but so does the dynamic nature of every hands-on encounter you have with the public. ?Staying up-to-date on current trends, tactical options and the case law is your responsibility. That 40-hour in-service “death by PowerPoint” class you are sitting in because you couldn’t be bothered to ask about or attend any relevant updated training isn’t serving you, nor is it serving your partners or the public.
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Most of us probably underwent handcuffing training in the defensive tactics portion of the academy, but aside from when you NEED to handcuff someone, how often do you practice it?? How familiar are you with those new “tacti-cool” polymer cuffs you bought from insert cool new vendor name here?? And how many pair do you carry?? When you need handcuffs, you probably carry two at most, and if you need more, the handcuff fairy will not magically bestow them upon you, so have a backup option and know how it works and train with it.? Bonus tip:? Make sure it’s lightweight, concealable and easy to carry.? Those nylon bowtie flex cuffs are virtually none of those things.
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3.??? ?Sleepy or Asleep
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This one is a no-brainer, but one we have all seen violated.? Rotating shifts are hard on the body.? Keeping a consistent energy level across the time span of differing shifts is one of the most challenging things I personally dealt with in patrol work.? But if you are tired, you are less effective.? If you are asleep, you are ineffective.? And frankly, sleepy or asleep on-duty just projects to your co-workers and to the public that you don’t care very much.? It’s unprofessional.
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4.??? ?Relaxing Too Soon
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This article isn’t about war stories, but I witnessed a great example of a new recruit relaxing too soon.? Scenario:? Deliberate building search and clearing utilizing two officers searching for a “man with a gun”.? They conduct a decent threshold evaluation on a room from the hallway and a person with a gun pointed at their own head inside the room becomes immediately apparent.? Recruit #1 sees this, holsters his weapon and states “at this point, I’d transition to de-escalation approach.”? I can’t state this strongly enough:? De-escalation has little or no place when deadly weapons are involved.? I understand fully that de-escalation is the name of the game for law enforcement in the modern era, and it definitely has a place.? When guns or knives or IEDs are involved is not really the time. Decisive, definitive action needs to be taken.? And let’s be clear, I didn’t say “shoot the guy!” I’m simply stating that dopping your lethal cover entirely is not the appropriate response.
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Relaxing too soon tells the subject you’re done.? It’s resignation, and to the wrong person out on the street, it’s an invitation for violence, or at the very least, to beat feet out of there as quickly as possible.? Perhaps this is where the adage, “Don’t get caught flat-footed” comes from.
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5.??? ?Missing Danger Signs
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Danger signs come in all shapes and sizes.? There are obvious ones and not-so-obvious ones.? My first phase FTO (Bill), still a friend and colleague of mine, was great at picking this up from people on the street.? One time, we were on foot patrol, walking by an angry looking citizen, and this person spit on the sidewalk virtually right at our feet as we passed him.? Bill pointed this out to me, the wide-eyed rookie, and said that was a guy that if we had to have an interaction with, he’d be difficult from the start, possibly even violent. His actions immediately indicated contempt for us, our uniform, and our jobs.? This was a danger sign, but not one that is taught.? It has to be observed and experienced.?
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The key to picking up on danger signs is situational awareness.? Knowing who and what is around you, the environment in which you’re operating, the mental status of the person(s) with whom you’re dealing and any physical signs of confrontation or flight are all part of danger signs.?
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6.??? ?Bad Positioning
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I can point to any number of situations where bad positioning led me personally to a situation that could have been avoided.? But what does it mean?? It means standing, sitting, operating, or driving in a position that could give up some sort of tactical advantage.? Moreover, if you do this knowingly (as I have), it can invite a confrontation.? Policing is a dichotomy in that, confrontation is commonplace in our job, but it should be avoided whenever possible, particularly in the modern era with body cams and everyone else filming everything you do.? But that does not mean you should not prepare for confrontation at all times, especially in patrol and in uniform.? You should be mentally and physically prepared for a confrontation whenever dealing with the public.? Heck, this is the basic tenet behind defensive driving, which everyone is (or was) taught when they got their driver’s education.? Bad positioning leads to bad outcomes, it’s only through luck or the Grace of God that it doesn’t.
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7.??? ?Failure to Watch the Hands
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Recruits still parrot what I was taught almost 25 years ago:? “Hands kill”.? While potentially true, they can also save, but that’s a different article and a different topic.? Regardless, think about it from the flip-side: Have you ever seen or been in a physical confrontation where the other person’s hands were not a concern?? The hands are so vital to most people’s physical movements that we teach some physical control tactics focusing almost solely on the hands. This one is about as basic as it gets, but if you’re concentrating on something else – the blunt behind the ear or the “FUCK THE POLICE” t-shirt -- ?then you’re not concentrating on the hands.? So stop it.
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8.??? ?Tombstone Courage
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This is the Error that was the impetus for this article.? I was recently sent a video of a Trooper on a traffic stop. His subject vehicle was a Dodge Charger SRT Hellcat.? He approached the driver’s side and that car took off so fast, it was gone in a blink.? The Trooper gave pursuit.? They sped down highway roads and through neighborhoods quite artfully, and I was impressed with how well the Trooper was able to keep up with the Hellcat… Until I wasn’t.? He took a corner way too fast and wiped out.?
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I hope he wasn’t hurt too badly.? I honestly don’t know the rest of the story.? As fast as he was going, there’s no way he wasn’t hurt at all.? But I do know this:? He probably won’t do that again.? ?
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Tombstone courage gets us all, particularly when you’re younger.? The wisdom that comes with age is knowing your capabilities and your limitations.? In this particular application, also knowing the capabilities and limitations of your equipment, including your vehicle and your ability to operate it under varying conditions.? See Error #1 for more on proficiency.
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9.??? ?Preoccupation
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This will come as no shock to anyone in law enforcement, but during my policing career, I had numerous instances where my home life was not harmonious.? There was even a time where personal choices led me to wonder if I’d be better off dead.? There is no more preoccupation than whatever exists outside of the job, and ruminating or letting it fester can be deadly.? Why?? Because there’s a certain predatory segment of society that looks for any proverbial “blood in the water” and uses that opportunity to strike.? If one of these people senses you are preoccupied, they will pounce and use that to their advantage.? Action is always faster than reaction.? We need to constantly stay ahead of the subject’s OODA Loop (see link for more).? If the subject senses we are behind in our OODA Loop, they will use that to their advantage.? Don’t let them.? We’re all afforded sick days and personal days.? Take them to sort out your stuff.? Heck, take a leave of absence if you need to.? Just don’t bring your stuff to work.? It’s not good for anyone, especially you.
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10. ?Apathy
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I used to think this one was reserved for the old dogs in the room.? Sadly, I can’t really say that anymore.? I’ve seen more apathy in the police academy from recruits than I’d ever thought I would.? I can address apathy most appropriately this way:? Law enforcement is a calling and a profession.? It is not a “job”.? If you are in the profession because of the good benefits, steady pay and lots of holidays, please seek other employment.? We don’t need people who don’t see this as a calling working in public safety.? We don’t need people who put themselves first.? We need people who have a passion to do good, are professional in appearance, approach and communication, and who truly want to serve the public.? I look at this deadly error as more of a gut-check for those currently serving and looking to get into the profession.? Yes, apathy can kill you, but it’s only because you let it happen.? Find the passion in whatever you do.? If that’s outside of police work, so be it.? It’s hard to be apathetic about something which you are also passionate.
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Wrapping It Up
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Well, if you stuck with this article up until this point, congrats!? It’s almost over!?
In all seriousness, these ten tenets of law enforcement should never die.? They are timeless, as are the constant lessons learned by those who violated them, sometimes paying the ultimate price for doing so.? I’m hopeful these are still taught in the police academy. If they aren’t feel free to share this article far and wide, particularly to the newer officers who may have never heard of them.? My goal in my post-LE career has been to stay active, relevant and most of all, help train others to save their lives and that of someone else.
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As a side-note, and being mostly ensconced in the business world these days, I’ll be publishing a follow-up article on the how the most poignant of these Ten Deadly Errors apply to the business world.? So stay tuned and be safe!
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Author:
Patrick J. Siewert
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About the Author:
Patrick Siewert is Director of Digital Forensics for a nationwide forensic service provider and is based in Richmond, Virginia (USA). In 15 years of law enforcement, he investigated hundreds of high-tech crimes to precedent-setting results and continues to support litigation cases and their digital forensic needs. Patrick continues to keep in touch with the public safety community as a Law Enforcement Instructor, both nationwide and in his home state of Virginia, where he served in various law enforcement capacities.
Email: [email protected]
Twitter/X?: @RVA4n6
Patrick Siewert on LinkedIn: https://www.dhirubhai.net/in/patrick-siewert-92513445/
Vice President, Equity Compliance and Civil Rights Services at D. Stafford & Associates; The National Association of Clery Compliance Officers and Professionals (NACCOP)
10 个月We had a great academy class and this article brought back so many memories for me. I remember these deadly errors well and had them taped on my patrol clipboard when we graduated. Hard to believe we were together in academy almost 25 years ago now. I remember it like it was yesterday...Nice read, Patrick! Glad you are doing well.
Marine, soldier, NJ State Trooper, Dad, digital forensics
10 个月Looking very sharp and a well spent 10 minutes to read and review. Thanks
Data and Analytics Specialist/ eDiscovery Platform Expert/ Digital Forensics/Data and IT Infrastructure/ESI Sherpa/ Bellwether
10 个月Great list. Solid fundamentals really don't change
Managing Owner at Capital Investigations Group, LLC
10 个月Very well done