Resources

SCOTUS Continues to Caution Lower Courts from Second-Guessing the Actions of Officers in Tense, Rapidly Evolving Situations

In January 2019, a case came out of the Supreme Court involving the City of Escondido, its police department, and issues of misconduct and accountability.[1] Marty Emmons filed a lawsuit against Escondido police officers for excessive force. The question in this qualified immunity case is whether two police officers violated clearly established law when they forcibly apprehended a man at the scene of a […]

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The Gift of Time: The Effects of Body-Worn Cameras and Tasers on the Graham Standards

Before we get into our current case, let’s take a look back at Graham v Connor, as the Graham factors will come into play in Glasscox v. City of Argo. In Graham, the plaintiff (Graham) was suffering from a diabetic reaction but police believed he may have been involved in suspicious behavior at a drug store. During the ensuing investigative detention, officers used force

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“I Am Not Playing Around”: When to Draw the Line Between Criminal Issues and Disciplinary Ones on School Grounds

Over the last two decades we have seen an exponential rise in the number of officers assigned to posts at local schools. With that comes an increase in School Resource Officers interacting with school administrators and students. It can sometimes be tempting to teach students a lesson on disrespect or even for us to become too involved in school disciplinary matters, when this is

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You’re In My House: Examining Criminal Charges in Use of Force Incidents

Uses of Force cases have been a compelling issue for police officers. In our age of social media and a wide array of opinions on how police officers should operate it has become more difficult to do our jobs. What can make this topic an even more complicated one is that police officers are already under the gun, so to speak, so when an

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Off-Duty Officers and When to Intervene

Having an effective Off-Duty policy that provides guidance to officers on their legal responsibilities and required notifications has become essential.  With this knowledge comes an important question: what happens if an officer is caught in the middle of a crime while they are off-duty? With current widespread animosity toward the police, officers may question if it is easier to avoid the altercation altogether.  In

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Use of Deadly Force Against Man’s Best Friend

Police use of force often results in negative media attention, civil suits, ridicule, and an emotionally charged community. These encounters are often captured on video and quickly go viral on the internet. As with police encounters involving citizens, attention to dog shooting incidents has increased creating more animosity toward law enforcement from the public. Headlines have show significant payouts for lawsuits resulting from shooting

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Procedural Justice and Building the Guardian Mindset: Starts Internally As The Ultimate Liability Protector

Over the past several years, law enforcement has endured a tremendous amount of external scrutiny. As part of that scrutiny, we have heard discussions on the difference between “warrior policing” and “guardian policing.” We have focused on identifying “internal” and “external” procedural justice to combat the warrior stereotype. There has been criticism over what is perceived as “warrior policing,” and a great deal of

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Police Pursuits – Managing Risk and Providing Accountability with a Well-Drafted Pursuit Policy

There are few activities police officers do while conducting enforcement activities that give as much of an adrenaline rush other than a good car chase. One of the few experiences where your training, experience and ability all come together for the purpose of ensuring the apprehension of a suspect who committed a crime. Knowing this presented a challenge when writing this article. Experience has

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Government’s Acquisition of Cell-site Records is a Search Under the Fourth Amendment

Today, the United States Supreme Court issued its decision in Carpenter v. United States (No. 16-402), 585 US ____ (2018), holding that when the Government obtains access to historical cell-phone records that provide a chronicle of the user’s past movements, it constitutes a search under the Fourth Amendment. As such, the Government must generally obtain a warrant supported by probable cause before acquiring such

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