Today’s case from the Eighth Circuit involves officers locating two naked fugitives and conducting a protective sweep. ATF was later called in when a firearm was found during the initial search. Two cases to note to better understand our case today. First, in United States v. Cedano-Medina, the standard was set that a “warrantless search is valid if conducted [based on] knowing and voluntary […]
Naked Fugitives and Protective Sweeps Continue Reading
Today’s case, United States v. Miles, is another traffic violation coming to us from the First Circuit. The trooper in today’s case has an excellent memory, and as a result he was able track down our suspect who was in possession of illegal drugs. The Court uses Whren v. United States, in their argument. In Whren, SCOTUS held that the reasonableness of a traffic
Objectively Reasonable Facts and Hidden Agendas – United States v. Miles Continue Reading
As we have discussed in previous training sessions, protests at City Council meetings and town halls are becoming more frequent. Today’s case, Williamson v. City of National City, took place in a City Council meeting. When evaluating a Fourth Amendment claim of excessive force, the court will ask whether an officer’s actions were objectively reasonable considering the facts and circumstances surrounding the incident. While
The Force Must Match the Circumstance Continue Reading
Officers in our case today, United States v. Cole, 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 complete
45 Minutes for a Traffic Stop? Continue Reading
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
I am sure you are no stranger to the fact that there are certain members of your community that feel strongly against the police. Everyday we hear anti-police rhetoric and learn about groups that want to defund the police. We also find out about people like our suspect today who simply wanted to rile law enforcement up and film it. Coming to us from
Are “Fighting Words” Protected Under the First Amendment? 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
Browning v. Edmonson County, 2021 U.S. App. LEXIS 34090 (6th Cir. KY Nov. 17, 2021) Today’s case from the Sixth Circuit involves a high-speed car chase, a potentially armed suspect, and use of force. This case highlights some terminology that I would like to discuss: discretionary acts or ministerial duties. These terms come into play when minors are present during an event. Our case
Ministerial Versus Discretionary and How They Affect Qualified Immunity Continue Reading
Training Officer Liability – Presented by Eric P. Daigle This free webinar, presented by Attorney Eric Daigle of the Daigle Law Group, will review legal analysis, guidance and interpretation of current laws addressing training officer liability and current police practices in effective and constitutional policing. This training will inform training officers of the training liability standards created by the U.S. Supreme Court decision of Brown
Training Officer Liability Webinar Continue Reading