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
Today, we will look at a recent Section 1983 lawsuit[1] against members of the Kansas City, Missouri Tactical Team and their use of a Flash/Sound Diversionary Device. The 8th Circuit was one of the increasingly few circuit courts that had not ruled on the use of these devices, so for those of you working in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South
No Immunity for SWAT Teams Use of Flash Diversionary Device 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
DISCLAIMER Be advised that these Frequently Asked Questions (FAQs) relate to the ongoing COVID-19 pandemic and the answers to these FAQs only pertain to the facts of this pandemic as they exist at the time of publication. As a result, these FAQs should not be read to apply to situations unrelated to the ongoing COVID-19 pandemic. This publication is produced to provide general information
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
In past articles involving Terry Stops we have discussed the need for “Reasonable Suspicion” and the requirement that the officers have a “particularized suspicion” with respect to the defendant. So how, then, are we able to address a situation where officers hear and receive complaints of shots fired in an area and respond to find several people walking away. Officers may not have a
Special Need Exception to Reasonable Suspicion Continue Reading
From time-to-time we have discussed issues surrounding 5th Amendment protections available to suspects who are (1) in custody and (2) being asked questions reasonably believed to result in an inculpatory response. Of course, these are the two factors required for Miranda cautions to apply. I am sure all of you have policies and procedures related to this important activity and probably have one or
Adequacy of Miranda Warnings Continue Reading
Certainly, domestic violence calls are considered one of the most, if not the most, dangerous calls for responding officers. Today, we will be discussing another dangerous call – the late-night call that two intoxicated females are refusing to leave the bar. Those of you working the late-night shifts know that members of the weekend party crowd are often difficult to deal with, fail to
Deputies Detailed Facts Support Use of Force Continue Reading
In the past we have discussed motor vehicle inventory searches and the ability of officers to conduct inventory searches to protect the valuables of the vehicle owner and to protect the agency and officers from later claims of theft. But are officers able to go back and conduct a second search of the car under the community caretaker function when the actions of the
Vehicle Inventory Search Continue Reading
In past articles we have discussed the proper use of handcuffs and the importance of checking cuffs for tightness and double locking the cuffs to avoid tightening. Some of you may recall the 2004 case out of San Diego where the surgeon was awarded a multi-million- dollar verdict by a jury, based in part, on a finding that officers applied the handcuffs too tightly
Excessive Force by Tight Handcuffs Continue Reading