On April 6, 2020, the United States Supreme Court answered the question of whether an officer (or in this case a deputy) violates the Fourth Amendment when he/she makes an investigative stop after running a license plate and discovering that the vehicle belongs to an operator with a revoked license. The Supreme Court held that “when an officer lacks information negating an inference that […]
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Webinar: Impact of COVID-19 on Oversight Bodies and Strategies to Move Forward Continue Reading
As we head into another election cycle and continue to deal with homelessness and panhandling concerns in our respective jurisdictions, I thought this recent case, Evans vs Sandy City[1], out of the 10th Circuit may provide some guidance on First Amendment concerns. Clearly, officers must take a citizen’s First Amendment liberties into account when planning a police response to a planned demonstration as well
Utah City’s Traffic Ordinance Does Not Violate First Amendment Continue Reading
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
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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