When it comes to rental cars there seems to be a never ending number of questions: should I spring for the optional insurance, why do we have to be twenty five before we can rent one and most importantly, does an unauthorized and unlicensed operator have standing to challenge the search of a rental car? In a recent case out of the 2nd Circuit, […]
Rental Cars: To Search or Not to Search Continue Reading
Over the past few weeks, we have fielded many requests from police departments on how best to integrate a body worn camera system into their department. Most agencies have met some level of initial resistance from their department members, who are concerned with the negative implications of wearing the camera – usually a “big brother is watching concern.” Over the past four years, I
Wearing a Badge, And a Video Camera Continue Reading
In a recent training video, we sang the praises of the 9th Circuit when the appellate court approved officers seizing a cell phone during an inventory search. Today, however, we review a 9th Circuit case where the court was not so kind. For those of you who may remember the 2000 Supreme Court case – Florida v J.L.[1] – today’s case, United States vs
Can an Anonymous Tip Give Police Probable Cause? Continue Reading
Today we will look at a case out of the 7th Circuit Court of Appeals, covering those jurisdictions in Illinois, Indiana, and Wisconsin. Today’s case, United States vs Sawyer[1], looks at the question of whether a suspect has a legitimate expectation of privacy in his backpack found at the scene of an active burglary. For some of you that may have been around the
Burglar Has No Expectation of Privacy Continue Reading
As we say at DLG, traffic stops are the bread and butter of police work and often lead to great cases when we “look beyond the plate”. Of course, the courts have established “rules of engagement” that place restrictions on just how long that extra look can last. As the Supreme Court noted in Rodriguez v. United States, 135 S.Ct. 1609 (2015), “a traffic
Reasonable Suspicion is Enough to Extend a Traffic Stop Continue Reading
As we head into another election cycle and continue to deal with homelessness and panhandling concerns in our respective jurisdictions, I thought this recent case, Evans vs Sandy City[1], out of the 10th Circuit may provide some guidance on First Amendment concerns. Clearly, officers must take a citizen’s First Amendment liberties into account when planning a police response to a planned demonstration as well
Utah City’s Traffic Ordinance Does Not Violate First Amendment Continue Reading
On a number of occasions, we have reviewed cases where the court was determining the moment at which an arrest took place. As we know, our interactions with citizens run on a spectrum from a typical voluntary citizen contact through an Investigative Detention to a full- blown arrest. At each step in the process, as the citizen’s liberty is further restricted, officers are required
Handcuffs as a De-escalation Tool Continue Reading
Today, we will look at a recent Section 1983 lawsuit[1] against members of the Kansas City, Missouri Tactical Team and their use of a Flash/Sound Diversionary Device. The 8th Circuit was one of the increasingly few circuit courts that had not ruled on the use of these devices, so for those of you working in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South
No Immunity for SWAT Teams Use of Flash Diversionary Device Continue Reading
In past articles involving Terry Stops we have discussed the need for “Reasonable Suspicion” and the requirement that the officers have a “particularized suspicion” with respect to the defendant. So how, then, are we able to address a situation where officers hear and receive complaints of shots fired in an area and respond to find several people walking away. Officers may not have a
Special Need Exception to Reasonable Suspicion Continue Reading
From time-to-time we have discussed issues surrounding 5th Amendment protections available to suspects who are (1) in custody and (2) being asked questions reasonably believed to result in an inculpatory response. Of course, these are the two factors required for Miranda cautions to apply. I am sure all of you have policies and procedures related to this important activity and probably have one or
Adequacy of Miranda Warnings Continue Reading