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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
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
It is not unusual for us to review car stop cases. As I have said more than once, car stops are the bread and butter of good police work. But what happens in those cases where officers conduct a legitimate car stop based on mistaken information? Fortunately, as we see in this case[1], the courts understand that in the fast-paced business of policing there
Police Mistakes Can Still Lead to Valid Arrests Continue Reading
Today we will touch on a couple of criminal procedure issues – the ability of officers to enter a person’s property to conduct a so-called “knock and talk” and the ever-popular subject of curtilage. As you know, there can be areas outside of a subject’s home that enjoy the same privacy rights as property located within the subject’s home. In a recent Supreme Court
The Limits of Knock and Talk Police Encounters Continue Reading
The subject of today’s article – vehicle inventory searches – is a subject area we have covered before. However, the question we look at in this case, United States vs. Garay[1], is whether the cell phone seized during the inventory should be suppressed because it was not properly listed on the inventory form. More importantly, we actually have a 9th Circuit Court of Appeals
Seizure, Search of Mobile Phone Post High-Speed Chase Continue Reading