Legal Update Archives - Page 11 of 19

“They Posted WHAT!?”: Policing the Police on Social Media

In a previous article, “They Said WHAT!?”: A Primer on Public Employee Freedom of Speech, discussed the basics of public employee free speech under the First Amendment. This article will address the issue of how agencies may restrict employees from posting certain content on social media consistent with the First Amendment. The Test As a reminder, in the previous article mentioned above, we discussed the following […]

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Mental Health, Qualified Immunity and the Luxury of Time

Today’s update focuses on a fatal use of force incident out of the 5th Circuit. Our case will review a few hot topics, including qualified immunity, mental health and use of force. To help further understand the court’s decision we have also included a link to the full video from the dashboard camera that the 5th Circuit Court of appeals strongly leaned on when deciding the outcome of

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Can it be a Seizure When a Person isn’t “Seized”?

Today’s case comes to us from the D.C Circuit Court and asks the question: can a Fourth Amendment seizure take place when there is no physical seizure taking place? Our suspect today argued that officers had no reason to search his satchel, nor did they have probable cause to seize him. But it is important to note that even when you do not physically

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Circuit Courts of Appeals – August 2021

The Legal Training Division of the Federal Law Enforcement Training Centers’ Office of Chief Counsel is dedicated to providing law enforcement officers with quality, useful and timely United States Supreme Court and federal Circuit Courts of Appeals reviews, interesting developments in the law, and legal articles written to clarify or highlight various issues. The views expressed in these articles are the opinions of the

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Video, Use of Force, and Qualified Immunity

Dashcams and body-worn cameras can be both a blessing and a curse for law enforcement. They allow for the court system to view an incident in real time, but they sometimes cloud perception and make it difficult to not view an incident with 20/20 hindsight. In Cunningham v. Shelby County[i] Deputies Paschal and Wiggins appealed a case through the Sixth Circuit Court. Paschal and Wiggins were

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Circuit Courts of Appeals – July 2021

Fourth Circuit United States v. Buzzard, 2021 U.S. App. LEXIS 17518 (4th Cir. WV June 11, 2021) Around 1:30 a.m., a police officer pulled over a car for a defective brake light. Jason Buzzard was driving, and Paul Martin was in the passenger seat of the car. When the officer made contact with the Buzzard, he requested Buzzard’s license, registration, and proof of insurance.

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Half In, Half Out

On June 28th, Supreme Court Justice Clarence Thomas released a statement pertaining to the federal ban on the cultivation and use of marijuana within states where he noted that it “may no longer be necessary or proper.” This statement was made in connection with the denial of a petition for a writ of certiorari to the Supreme Court of the United States (SCOTUS) in

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Rising to Meet the Challenge: Is Your Agency’s Response to Crowd Control Events Up to Snuff?

Law enforcement agencies in the United States know all too well the importance of protecting individuals’ First Amendment rights during mass demonstrations. But what happens when officers find themselves in the crosshairs of the demonstrators’ rage? This is the challenge faced by officers more and more, particularly after the in-custody death of George Floyd on May 26, 2020. Faced with the dichotomy between protecting

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SCOTUS: Lange v. California

On June 23, 2021, the United States Supreme Court (SCOTUS), in Lange v. Californiai examined whether pursuit of a fleeing misdemeanor suspect always qualifies as an exigent circumstance. SCOTUS unanimously held that it does not. Facts The defendant, Arthur Lange, was convicted of driving under the influence (DUI) of alcohol. One night in 2016, Lange was on his way home when he drove past a California highway patrol officer while playing loud music with his windows down and

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Excessive Use of Force – Ninth Circuit

Our case today is another question of excessive use of force stemming from the Ninth Circuit Court of Appeals. In this case officers arrive to the scene to handle a perceived violent individual who may or may not have been experiencing a seizure. From the facts in this case, it seems that our suspect, James O’Doan, was of sound mind and was evading police during his “episode”.

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