Legal Update

Being Reactive Can be Detrimental to your Constitutional Policing

Having dedicated my career to ensuring effective operations of police agencies, I believe what is currently happening is the most discouraging thing I have ever witnessed. It is disappointing on two levels; the first thing that upsets me is how quickly law enforcement lost the support of its citizens, especially when no one disagrees that the actions of one officer were not proper. And […]

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Domestic Violence and the Officer Home Search Hassle

United States v. Gabriel Rodriguez-Pacheco, 948 F.3d 1 (1st Cir. 2020) Certainly, our response to domestic violence cases has evolved for the better in recent years and we continue to improve our services to Domestic Violence victims.  That being said, we must still abide by constitutional guidelines during our investigations and the arrest of the offender.  Today’s case focuses on an appeal from the

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Constitutional Rights in Interviews and Interrogations

United States v. Carpentino, 948 F.3d 10 (1st Cir. 2020) There will always be constitutional limitations placed on interview and interrogation activities.  The simple math for any interview and interrogation situation is custody plus interrogation equals Miranda. With that being said, however, no case is that cut and dry and there are going to be nuances in every case.  Some thoughts to consider include: (1) was the suspect

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Circuit Courts of Appeal – April 2020

Summaries courtesy of FLETC Legal Training Division & The Informer First Circuit Caniglia v. Strom, 953 F.3d 112 (1st Cir. 2020) In August 2015, Kim Caniglia called the police department and asked that an officer accompany her to her residence where she lived with her husband, Edward. Kim stated that the day before, during an argument with Edward, he retrieved a handgun from the

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Utah City’s Traffic Ordinance Does Not Violate First Amendment

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

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Handcuffs as a De-escalation Tool

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

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