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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”

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

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: 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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Use of Force and Incident Reports Are Not Compelled Reports

One of the questions I am often asked when implementing a Use of Force Reporting system that requires completion of a use of Force report is whether the required completion of a use of force report is a compelled statement for purposes of Garrity. I am also often asked if in investigations where officers have refused to complete a required incident report or use

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To Stop or Not to Stop: Recent Trends in Terry Stops and Pat-Downs

Terry stops (also known as investigatory stops) have been a useful tool for law enforcement since 1968, when the United States Supreme Court decided the case of Terry v. Ohio. [1] When used properly, Terry stops can discourage criminal activity, identify suspects and add intelligence information to the files of known criminals. The general principles established in Terry v. Ohio have not changed; Terry

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“Narcan-izing” Law Enforcement Agencies: The Age of Anti-Overdose Weaponry

By: Eric R. Atstupenas, Esq.[1] I. Introduction In a time when our law enforcement officers are responding to an alarming number of incidents involving opiate overdoses, agencies should be prepared to arm their officers with a means to reverse overdoses and save lives. In an effort to dramatically reduce the number of opioid-related deaths nationwide, countless law enforcement agencies have already initiated nasal naloxone

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