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
When we in law enforcement take the oath to protect and serve our community, we do not expect that the biggest aggressor in that fight might be the community itself. We’ve gone through a lot as a country in the past few years and one of the hot topics on everyone’s mind has been reforming law enforcement and defunding the police. This has caused
Duty, Honor, and Community: Westmoreland and Taking Back the Narrative Continue Reading
The Process Benefits the Agency and the Community. Public Safety accreditation is defined as the voluntary compliance with contemporary, internationally recognized standards for operation and administration. These professionally recognized and established standards are referred to as the “best practices” in public safety. Adherence to these standards not only benefit the agency and the manner in which they deliver services; adherence to these standards are
The Benefits of the Public Safety Accreditation Process Continue Reading
In more recent times, groups of individuals, claiming to be “First Amendment Auditors,” have been challenging police and gaining media exposure by filming the inside of various public spaces. As a result of this new phenomenon, many agencies are evaluating how to respond to these so-called “auditors.” Many of these encounters do not escalate, however, there are some encounters that have become challenging for law enforcement.
First Amendment “Audits” and the Civilian Right to Film Law Enforcement (Part 2) Continue Reading
What is it, What are the Implications and are there Restrictions? In more recent times, groups of individuals, claiming to be “First Amendment Auditors,” have been challenging police and gaining media exposure by filming the inside of various public spaces. As a result of this new phenomenon, many agencies are evaluating how to respond to these so-called “auditors.” Many of these encounters do not escalate, however,
First Amendment “Audits” and the Civilian Right to Film Law Enforcement (Part 1) Continue Reading
Coming to us from the First Circuit, the facts of this case surround harassment, a knock and talk, and of course, the Fourth Amendment. The major case used in the court’s argument today is Florida v. Jardines. Decided in 2013, the Supreme Court recognized that the yard of a home is protected under the Fourth Amendment to the same degree as the interior of the
You Shall Not Pass: Knock & Talks, Curtilage and the Fourth Amendment Continue Reading
Before we get into our case, let’s review the Supreme Court’s two objective tests for identifying a Fourth Amendment search. These two tests include whether police: (1) “physically intrud[es] on a constitutionally protected area” (under United States v. Jones); or (2) violate a person’s “reasonable expectation of privacy” (under Katz v. United States). These are different from a seizure, which is legally defined as
It’s All in the Hips: A Suspect’s Suspicious Movements Lead to A Reasonable Frisk Continue Reading