DLG Learning Center

Social Media Policy: Why Do We Need One?

By Atty. Eric P. Daigle, Law enforcement standards across this country clearly set forth the need for specific policies to govern the actions and decision-making of officers. In the age of Internet use and online social networking, has law enforcement provided the comprehensive policies and procedures to provide officers with proper guidance regarding appropriate use of social media, and take viable disciplinary action against […]

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Hotel Operators Not Required to Turn Over Guest Records on Demand

Eric R. Atstupenas, Esq.  Republished with the permission of Eric R. Atstupenas, Esq.,  Atstupenas Law Office The U.S. Supreme Court ruled in City of Los Angeles, California v. Patel, et al. that the provision of the Los Angeles Municipal Code that requires hotel operators to make their registries available to the police on demand is facially unconstitutional because it penalizes them for declining to

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Objective Use of Force Standards Defined as to Pre-Trial Detainees – Guidance on Objective Reasonable Standards

In the decision released on Monday, the United States Supreme Court held in Kingsley v. Hendrickson[1] that the appropriate standard for deciding a pretrial detainee’s excessive force claim is an objective standard.   Accordingly, a pretrial detainee is not required to prove a defendant officer’s state of mind in a claim under 42 U.S.C. §1983 for excessive use of force.  Our analysis of this case finds that in

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POTUS Orders Reduction of Military-Style Equipment for Law Enforcement Agencies

On December 18, 2014 President Obama issued an Executive Order establishing the President’s Task Force of 21st Century Policing. Since that time, the task force has met and discussed what steps can be taken in order to not only reduce crimes, but increase trust between law enforcement agencies and the communities that they serve. Of particular concern to the Task Force, is what it

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Extension of a Traffic Stop for Use of a Canine – How Long is Too Long?

The U.S. Supreme Court ruled in Rodriguez v. United States today that absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Fourth Amendment. An officer observed a motor vehicle veer onto the shoulder of the road and then jerk back onto the road.  The officer stopped the vehicle for a state law violation, prohibiting travel

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Wearing a Badge, And a Video Camera

There has been much discussion and requests from police departments on how best to integrate a body worn camera system into their department over the past few months. 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

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“Narcan-izing” Law Enforcement Agencies: The Age of Anti-Overdose Weaponry

Eric R. Atstupenas, Esq.[1] I. Introduction In a time when our law enforcement officers are responding to an alarming number of incidents involving opiate overdoses, agencies should be prepared to arm their officers with a means to reverse overdoses and save lives. In an effort to dramatically reduce the number of opioid-related deaths nationwide, countless law enforcement agencies have already initiated nasal naloxone programs,

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Search a Cell Phone Incident to Lawful Arrest? Get a Warrant!

In its decision issued just yesterday, the United States Supreme Court delivered the ruling that, barring any exigent circumstances, officers must obtain a warrant to search a cell phone seized in a search incident to a lawful arrest. For the past year or two, we have been very vocal in law enforcement training when addressing the issue of searching cell phones incident to arrest,

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Supreme Court Approves Deadly Force to Stop a Dangerous Pursuit

In Plumhoff v. Rickard[1], a decision handed down on May 27, 2014, the United States Supreme Court held that officers’ use of deadly force to terminate a dangerous car chase did not violate the Fourth Amendment. The Court also held, in the alternative, that the officers were entitled to qualified immunity because they did not violate any clearly established law. While this article reviews

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