Officers in our case today from the Seventh Circuit had suspicions of drug activity and used what could potentially be seen as stalling tactics to ensure that a canine could arrive on the scene. According to the 2015 SCOTUS case, Rodriquez v. US, a seizure justified only by a police-observed traffic violation “becomes unlawful if it is prolonged beyond the time reasonably required to […]
How Long is Too Long During a Traffic Stop? Continue Reading
Today’s case, United States v. Meals, 21 F.4th 903 (5th Cir. 2021), actually makes Facebook look like the good guys for a change. Before we jump into the facts of the case, let’s review our major legal component today, the private search doctrine. According to United States v. Jacobsen, under the private search doctrine, when a private actor finds evidence of criminal conduct after searching someone
CyberTip From Facebook Employee Continue Reading
Vega v. Tekoh is a case that was decided by the Supreme Court of the United States on June 23, 2022. Supreme Court justices voted 6-3 that police officers can no longer be sued under a §1983 claim if they forget to state a suspect’s Miranda rights. While the court still believes that Miranda rights should be read, they reiterated that Miranda rights are “prophylactic”, meaning precautionary, and the
Supreme Court Ruling Protects Law Enforcement When Miranda Warnings Are Missed Continue Reading
Our case today deals with a traffic stop turned Terry stop because of a cracked windshield. It is important to note that according to Eighth Circuit case law, an officer’s “incomplete initial observations may give reasonable suspicion for a traffic stop,” even if subsequent examination reveals no traffic law violation.” In other words, unlike last week’s case, when it comes to traffic law if
Cracking Under Pressure: The Reasonable Scope of a Traffic Stop Continue Reading
Today’s legal update comes to us from the Seventh Circuit and addresses the question of parolee rights. Many parolee agreements state that if a parolee violates his or her release agreement, officers have a right to search their belongings. This case also addresses several important court cases regarding cell phones, search warrants and parolee rights. The first case used in the court’s argument by
One of These Things is Not Like the Other: Parolee Rights & Warrantless Searches Continue Reading
On behalf of the hardworking and dedicated staff at Daigle Law Group, I would like to introduce you to our virtual DLG Learning Center and our online Training Program. Our firm specializes in the legal and operational issues facing Law Enforcement, Corrections, and the Security industry. DLG has conducted engaging and informative training for over twenty years with a simple concept: Knowledge is Power!
Harnessing the Power of Online Education for Law Enforcement Continue Reading
Our case today, from the United States Court of Appeals for the Tenth Circuit, outlines qualified immunity and excessive use of force. Before we get into the details of the case, a recap of qualified immunity when it is weighed against alleged excessive force: the plaintiff must establish that the officer’s use of force was objectively unreasonable. When examining reasonableness, the court evaluates the
Our legal update today discusses an important case in understanding how the First Amendment affects law enforcement in modern times – Nieves v. Bartlett. The decision in Nieves v. Bartlett comes to us from the Supreme Court, and it is crucial in understanding how the court system weighs probable cause and the reasonableness of an officer’s actions versus a retaliatory arrest claim. Retaliatory arrests refer to arrests by
On April 4th, 2022, the Supreme Court of the United States (SCOTUS), in the matter of Thompson v. Clark[1], held that for purposes of a Fourth Amendment claim under § 1983 for malicious prosecution, a plaintiff is not required to show that the criminal prosecution ended with an affirmative indication of innocence. Rather, the plaintiff need only show that the prosecution ended without a conviction. A more detailed
SCOTUS Makes It Easier To Sue Police And Prosecutors For Malicious Prosecution Continue Reading
The Issues with watching the video before writing a Use of Force Report. Over the past few weeks, I have seen more and more articles regarding the policy of allowing police officers to view video of an incident before writing their use of force report, which is incredibly concerning. It appears that individuals across the country have decided to be reactionary to “win” over the
What Happened to the Perception of the Officer? Continue Reading