Resources

Care or Consequence: Unraveling the Ninth Circuit’s Stance on State Created Danger in Martinez v. High

Martinez v. High, a case out of the Ninth Circuit Court of Appeals, recently explored the intersection of duty of care and the State-Created Danger Doctrine, challenging law enforcement to carefully balance their protective role with the potential dangers their actions or inactions may induce. The Plaintiff, Desiree Martinez, filed a lawsuit under 42 U.S.C. § 1983 against Clovis police officer, Channon High. Martinez […]

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First Amendment Frontlines: Laredo Litigation Looms and the Lingering Legalities for Law Enforcement

In recent developments regarding a First Amendment case that continues to be revisited, the Fifth Circuit Court of Appeals rendered its decision in the case of Villarreal v. City of Laredo. The crux of this case revolves around the critical balance between First Amendment rights in the evolving legal landscape surrounding citizen journalism, and how this intersects with law enforcement officers’ entitlement to qualified

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The Ninth Circuit Navigates the Thin Line Between Excessive Force and Family Rights in Waid v. County of Lyon 

The Ninth Circuit Court of Appeals has recently rendered a decision in the case of Waid v. County of Lyon, a case that centers on claims of excessive force used by two law enforcement officers. This case emerged from an incident involving the officers’ response to a 911 call reporting domestic violence, which tragically resulted in the shooting of Robert Anderson. This case arose

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Use of Artificial Intelligence by Patrol Officers

Policies are the foundation of your organization and layout the guidelines for the success of your staff members. If you do not tell the staff what is expected of them, how can you guide them to success? As technology continues to evolve and make its way into law enforcement operations, we must have policies in place governing these new technological advancements. Specifically, we need

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The ‘Artificial’ Officer’s Dilemma: Balancing Intelligence with Integrity in Law Enforcement

A substantial part of our society today is technology’s constant evolution and progression. While technology has significantly advanced law enforcement practices and approaches, it is essential to recognize that this progress also necessitates careful limitations and guidelines. These guiding principles are fundamental to uphold the integrity of law enforcement operations. This legal update underscores the pressing need for law enforcement agencies to consider implementing

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Seizure Scrutiny in the Streets: The Third Circuit’s Take on ‘United States v. Amos’ and the Ambiguity of Authority

The United States Court of Appeals for the Third Circuit recently heard United States v. Amos, a case delves into the Fourth Amendment, specifically focusing on the threshold of reasonable suspicion required for a lawful seizure.1   On a September night in 2018, Officers Hugo Lemos and Nicholas Mastroianni, patrolling in southwest Philadelphia, received a distress call near Eddie’s Café. Upon arrival, they found the

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Upholding Miranda Rights: Insights from United States v. Cowette

In a recent ruling from the First Circuit Court of Appeals, the case of United States v. Cowette has underscored the critical importance of upholding Miranda rights and the constitutional right to counsel during police interrogations. Cowette’s case originated from an investigation into a drug-trafficking ring led by Nicholas Culver in Maine. Cowette, a minor player in the operation, was identified as allowing Culver

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Force, Filming, and First Amendment in the Fifth Circuit

The Fifth Circuit Court of Appeals recent decision in Perkins v. Hart casts a spotlight on the challenging scenarios officers face on the ground, focusing on an arrest that raised questions about excessive force and First Amendment retaliation. This case stems from an escalated confrontation between Ms. Teliah Perkins and two deputies of the St. Tammany Parish Sheriff’s Office, ultimately leading to Perkins’s arrest.

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Privacy or Probation: Principles for Phone Probes in United States v. Lajeunesse

The Second Circuit Court of Appeals recently decided United States v. Lajeunesse, a case that deals with probationers and parolees rights. This case is pivotal in understanding the interplay between the right to privacy under the Fourth Amendment and the supervisory needs of law enforcement and offers guidance on warrantless searches of electronic devices belonging to individuals on probation or parole. Terry Lajeunesse, convicted through

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Hotel Havoc Amid Fourth Amendment Search

The Third Circuit Court of Appeals recently rendered a decision in United States v. Montalvo Flores, examining the extent of an individual’s Fourth Amendment rights, and addressing whether an unauthorized driver has a reasonable expectation of privacy in a rental car. Hearing the case on appeal, the Third Circuit found that a driver’s status as an unauthorized driver will not defeat his or her otherwise reasonable expectation

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