Police Standards and Procedures Expert
DR. KIRKHAM’S EXPERIENCE AS A CONSULTANT AND POLICE STANDARDS AND PROCEDURES EXPERT WITNESS IN POLICE LITIGATION ENCOMPASSES OVER 1,000 CASES IN NEARLY EVERY STATE IN THE NATION. HE HAS TESTIFIED EXTENSIVELY IN FEDERAL AND STATE COURTS IN BEHALF OF BOTH PLAINTIFFS AND DEFENDANTS IN CIVIL ACTIONS, AS WELL AS IN CRIMINAL CASES FOR PROSECUTION AND DEFENSE.
He was the expert witness in Tuttle V. Oklahoma City, which was heard on appeal by the U.S. Supreme Court. Dr. Kirkham received a letter of commendation from Clarence M. Kelley during his tenure as director of the FBI for the article "A Professor's Street Lessons," which has been reprinted and read by more police worldwide than any article published by the FBI Law Enforcement Bulletin in its 87 year history. Dr. Kirkham has been described by the late William F. Buckley, Jr as, "an honor to his profession."
HIS AREAS OF EXPERTISE IN THE FIELD OF POLICE STANDARDS AND PROCEDURES INCLUDE THE FOLLOWING:
• DEATH AND INJURY RESULTING FROM NEGLIGENT AND INTENTIONAL USE OF POLICE FIREARMS.
• ALLEGATIONS OF EXCESSIVE FORCE.
• FATALITIES RELATED TO SUICIDE IN CUSTODY, “SUDDEN IN CUSTODY DEATH SYNDROME,” POSITIONAL ASPHYXIA, EXCITED DELIRIUM AND NUMEROUS CASES INVOLVING INJURY AND DEATH RESULTING FROM NECK RESTRAINT HOLDS.
• USE OF FORCE INVOLVING POLICE EQUIPMENT (E.G., IMPACT WEAPONS SUCH AS BATONS, CHEMICAL AGENTS, TASERS, HANDCUFFS, IMPROPER USE OF POLICE CANINES, AND “HOGTYING” OF PRISONERS).
• POLICE RECOGNITION OF AND REACTION TO EMOTIONALLY DISTURBED PERSONS (note).
• RELEVANCE OF THE AMERICANS WITH DISABILITIES ACT (ADA) TO POLICE HANDLING OF EMOTIONALLY DISTURBED PERSONS.
• POLICE CRISIS INTERVENTION SITUATIONS (E.G., INVOLVING DOMESTIC DISTURBANCES, THREATS, FIGHTS, DRUGS AND/OR ALCOHOL).
• SAFE TRANSPORTATION AND MONITORING OF ARRESTEES.
• FRISKS AND SEARCHES OF PERSONS AND PROPERTY.
• ALLEGATIONS OF FAILURE TO PROTECT (E.G., ENFORCING RESTRAINING ORDERS, ISSUANCE OF TRESPASS WARNINGS).
• FELONY AND “HIGH RISK” CAR STOPS, “COVER AND CONTACT” PROCEDURES DURING HIGH RISK ARRESTS.
• BARRICADED SUSPECT TACTICS (SWAT, ERT, AND HOSTAGE NEGOTIATION PROCEDURES).
• VEHICLE PURSUIT AND ROADBLOCKS.
• DUTY OF OFFICERS AS “FIRST RESPONDERS” TO MEDICAL EMERGENCIES (E.G., ADMINISTERING CPR AND PROMPTLY OBTAINING INDICATED MEDICAL ASSISTANCE FOR ARRESTEES/PRISONERS).
• PROBABLE CAUSE FOR ARREST AND JUSTIFICATION FOR INVESTIGATIVE DETENTION.
• THE FEDERAL CIVIL RIGHTS ACT (42 USC 1983) AND DE FACTO CUSTOM AND PRACTICE AS IT RELATES TO ALLEGATIONS OF POLICE MISCONDUCT.
• INTERNAL AFFAIRS AND CRIMINAL INVESTIGATIONS OF ALLEGED ON-DUTY AND OFF-DUTY POLICE MISCONDUCT.
• NEGLIGENT SELECTION, RETENTION, SUPERVISION, DISCIPLINE AND TRAINING OF LAW ENFORCEMENT PERSONNEL.
• SEXUAL HARASSMENT WITHIN LAW ENFORCEMENT AGENCIES.
• STANDARD OPERATING PROCEDURES, POLICIES, AND RULES AND REGULATIONS OF POLICE AGENCIES.
• ALLEGATIONS OF PARTISAN OR BIASED POLICE INTERVENTION IN CIVIL MATTERS.
• STANDARDS OF NEUTRALITY AND OBJECTIVITY IN CRIMINAL INVESTIGATIONS, INCLUDING DUTY TO DISCLOSE EXCULPATORY AS WELL AS INCULPATORY EVIDENCE.
• PROTECTION OF MOTORISTS AND PEDESTRIANS FROM FORESEEABLE TRAFFIC HAZARDS.
• OPERATION OF DUI CHECKPOINTS.
• PLANNING OF FORESEEABLY HAZARDOUS ARRESTS AND RAIDS, SERVICE OF HIGH-RISK WARRANTS.
• COERCIVE INTERROGATION OF CRIMINAL SUSPECTS.
• POLICE 911 AND DISPATCH OPERATIONS.
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