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SCOTUS 2018 Decisions That Could Affect Your Policing

The United States Supreme Court has an ambitious agenda on law enforcement topics for 2018. While some of the cases waiting to be decided may assist law enforcement when conducting criminal investigations, others may pose challenges to their efforts if decided the wrong way. The topics to be decided include: Whether an expectation of privacy exists when the sole occupant of a rental car […]

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Use of Force and Mental Illness – Policy Development for No Win Situations

In the last two years, we have seen a significant increase in the use of force incidents, including deadly force incidents, involving individuals who are mentally ill or incapacitated. Of great concern is that, for responding officers, these incidents are often “no win” situations for the involved officers. The law governing a law enforcement officer’s use of force, specifically Graham v. Connor [1], is

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42 U.S.C. 1983 – USE OF FORCE

Estate of Corey Hill v. Miracle, 2017 WL 1228553 (6th Cir. 2017) Decided April 4, 2017 FACTS: In June 2013, Hill suffered from low blood sugar and went into a diabetic emergency. His girlfriend, Worrall, called EMS. Two EMS units, with four paramedics, arrived. Finding him disoriented, Paramedic Streeter tried to talk to him, explaining what he needed to do, but Hill was “agitated

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While Subject’s Diminished Capacity Must be Taken Into Account, It Does Not Preclude Officers from Using Reasonable Amount of Force to Bring Subject Under Control

Roell v. Hamilton County, Ohio, _________ (6th Cir. 2017) In the late evening hours of August 12, Gary Roell, who suffered from a mental illness, entered into a state of excited delirium, and created a disturbance at his neighbor’s condominium, including throwing a flower pot through her window. The neighbor was awakened by the noise and attempted to talk to Roell. After Roell threw

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Secondary Employment: Renting a Cop – What Are the Concerns

Attorney Eric P. Daigle Secondary policing, private duty, or off-duty work is the practice by which municipalities allow their sworn officers to moonlight as private security during off hours. Officers are generally allowed to wear their official uniforms, carry department-issued weapons, and maintain all the police powers of an active, on-duty police officer, which includes the power to: search, seize, arrest, and use deadly

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SCOTUS: First Amendment considerations should require states to prove intent to sustain threat convictions

On March 6, 2017, Justice Sonia Sotomayor issued an interesting concurring opinion in Perez vs. Florida[1]. In her opinion, the Justice stated that if First Amendment concerns would have been raised in the certiorari, the Supreme Court would have clarified the burden of proof that States should have to sustain threat convictions. Facts: Robert Perez and some friends were drinking a mixture of vodka

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10th Circuit holds that Dogs are Property Protected by the Fourth Amendment

During Use of Force Policy discussions and Training across the Country the topic often leads to a discussion of using force against an animal that is a pet. While litigation history has shown officers who have used force against the family pet are often faced with an internal affairs complaint or civil action for the unnecessary harm caused to the pet. While often these

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SCOTUS on Forfeiture: How the Federal Statute Operates When Two or More Defendants Act as Part of a Conspiracy

On June 5th, 2017, in Honeycutt v. United States,[1] the United States Supreme Court had the opportunity to take a close look at the forfeiture statute (formally known as the Comprehensive Forfeiture Act of 1984, 21 U. S. C. §853). The federal statute mandates forfeiture of any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, “as the result of”

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SCOTUS on Forfeiture: How the Federal Statute Operates When Two or More Defendants Act as Part of a Conspiracy

On June 5th, 2017, in Honeycutt v. United States,[1] the United States Supreme Court had the opportunity to take a close look at the forfeiture statute (formally known as the Comprehensive Forfeiture Act of 1984, 21 U. S. C. §853). The federal statute mandates forfeiture of any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, “as the result of”

SCOTUS on Forfeiture: How the Federal Statute Operates When Two or More Defendants Act as Part of a Conspiracy Continue Reading

SCOTUS: 9th Circuit “Provocation Rule” Is an Unwarranted and Illogical Expansion of Graham v. Connor

On May 30th, 2017, the United States Supreme Court issued its opinion in County of Los Angeles v. Mendez,[1] which eliminated the 9th Circuit’s “Provocation Rule,” finding that once a use of force is deemed reasonable under Graham v. Connor,[2] it may not be found unreasonable in reference to a separate constitutional violation. FACTS In October 2010, Deputies Christopher Conley (“Conley”) and Jennifer Pederson

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