Attorney Karen J. Kruger The United States Supreme Court recently ruled in favor of the State of Maryland in its opinion in Maryland v. King, a case that evaluated the constitutionality of the taking of a DNA sample from a person arrested, but not yet convicted of a serious crime. In the case before the Court, a 53-year-old woman was raped and robbed in […]
On May 13, 2013, the United States Court of Appeals for the Ninth Circuit came down with a favorable opinion for law enforcement involved in a fatal “officer involved shooting” incident. The Court’s opinion is well thought out and analyzes and evaluates each step of the incident as it progressed, ultimately leading to the fatal shooting of the suspect. A case such as this
Officer Involved Shootings – How Are Courts Analyzing the Use of Deadly Force? Continue Reading
In the past months, two different courts released decisions analyzing an officer’s use of an electronic control weapon in the context of the 4th Amendment and allegations of excessive force. Both of these decisions give insight into the manner in which courts are currently evaluating the use of the weapon, the facts and circumstances surrounding an arrest, and a comparison of the suspect’s behavior
Florida v. Harris On February 19, 2013, the United States Supreme Court came down with its second decision issued on the same day involving the procedures and practices of law enforcement. This decision, however, is definitely one for the law enforcement “win column.” In fact, law enforcement drug detection dog handlers might want to consider throwing the United States Supreme Court a treat for
Supreme Court Supports Use of Canines as Sufficient Probable Cause Continue Reading
Let’s face it, police officers do not like to be recorded, especially when performing their official duties in the public arena. The fact is that officers are being recorded daily now that the general public carries recording devices in their pockets ready to record at the push of a button. This leads to clear challenges to law enforcement. We first wrote on this subject
Glik v. Cunniffe – Videotaping Police Officers Continue Reading
There are certain policies that those who advise law enforcement agencies consider to be “high risk policies.” Use of Force and Force Related Policies, Pursuit Policy, Sexual Harassment and the Citizen Complaint Process are just some of them. Typically, a violation of a “high risk” policy could make a law enforcement agency more susceptible to an increased level of liability and a higher damages
ADA Do You Have a Policy for That? Continue Reading
It is rare these days to find an individual without a personal cell phone in his possession at any given time during the day or night. Our society has created the ability and psychological need to be in constant contact with the world around us. The introduction of personal cell phones, however, has created many unforeseen issues for a variety of employers. While many
Use of Personal Cell Phones While On Duty: You Want My What… Continue Reading
As I travel the country and work with different police departments, I am concerned with the inconsistency and the lack of knowledge of police management regarding use of Garrity in administrative investigations. I have learned that while investigators and management are aware of the practice of using Garrity warnings, as created by the case Garrity v. New Jersey, these warnings are misinterpreted and applied
Garrity: To Be or Not To Be – That is the Question Continue Reading
The Supreme Court had more than its share of surprising opinions and unexpected rulings this year. During the term the justices ruled for criminal defendants in some of most important cases on crime and punishment. While that alone is a rarity for a court that routinely leans to the right, it should be a sign to law enforcement as to the future rulings of
2011-2012 United States Supreme Court Update Continue Reading
By: Eric P. Daigle, Esq The utilization of Electronic Control Devices (“ECD”) has led to a windfall of litigation and court decisions which police departments must interpret to draft policies, conduct appropriate training, and implement the ECD into operation. A recent decision from the United States Court of Appeals for the Ninth Circuit, Mattos v. Agarano,[1] reinforced and clarified applicable standards regarding the permissible
Electronic Control Devices – Where Are We Now? Continue Reading
The Ninth Circuit Court of Appeals has recently rendered a decision in the case of Waid…
A substantial part of our society today is technology’s constant evolution and progression. While technology has…