Resources

Objectively Reasonable Facts and Hidden Agendas – United States v. Miles

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 […]

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The Force Must Match the Circumstance

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

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45 Minutes for a Traffic Stop?

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

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CyberTip From Facebook Employee

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

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Supreme Court Ruling Protects Law Enforcement When Miranda Warnings Are Missed

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

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Ministerial Versus Discretionary and How They Affect Qualified Immunity

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

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Training Officer Liability Webinar

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

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Let Go of the Car: Qualified Immunity Granted after an Escalated Traffic Stop

Today’s case is a reminder of how careful you need to be when conducting a traffic stop. The situation we will discuss today started off as a regular stop with the suspect remaining cooperative, until things took a sharp turn for the worst. Our case today is another use of force case, so let’s review Graham v. Connor. In Graham v. Connor, the Supreme Court

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