From time to time here at DLG we feel it is important to review liability cases in order to ensure that departments’ policies are up to date. This particular case comes to us from the 7th Circuit, which oversees agencies in the states of Illinois, Indiana and Wisconsin. We have covered a number of handcuffing cases over the years and, while today’s case is
Health and Handcuffing – Day v. Wooten Continue Reading
In the past, we have written extensively on the use of flash diversionary devices by tactical teams and the interpretation of its use by Courts across the Country. Let’s just say the legal analysis is not good and the standards for use have been interpreted as high. What might give a glimpse into the thought process of the Courts is how they define the
No Immunity for SWAT Teams Use of Flash Diversionary Device Continue Reading
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
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
Constitutional Rights in Interviews and Interrogations Continue Reading
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
Circuit Courts of Appeal – April 2020 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
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COVID-19 & Employment Law FAQs Continue Reading
COVID-19 (coronavirus) resources updated daily for police and law enforcement professionals. DLG COVID-19: Download Resources COVID-19 Exposure and Risk Mitigation Best Practices for Law Enforcement Special Order COVID-19 Going Off Sick and Return to Work Special Order COVID-19 Health Screening COVID-19 Memo to Employees (National) COVID-19 LE Visor Card Handling Calls for Service during COVID-19 Pandemic Policy Draft Arrests During COVID-19 Policy: COVID-19 Continuity
COVID-19 (Coronavirus) Law Enforcement Resources Continue Reading