Several months ago, a case came out of the 1st Circuit involving the arrest and search of Marquis Aiken at a hotel room in Maine. An issue arose from that case questioning whether Aiken, a non-registered guest in the motel room, was entitled to the same reasonable expectation of privacy as the registered guest. The 1st Circuit determined that, for a number of reasons, […]
How Far Can a Terry Stop Reach? Continue Reading
In US v. Morales, an 11th Circuit case from July 2018, involved officers searching a home based on consent provided by the leaseholder and occupant of the home.[1] The defendant, Jose Morales, claimed he also lived in the house with his girlfriend and their children and his girlfriend’s mother’s consent was not enough to allow the search when he was physically present outside the
Co-Occupant Must Object to Invalidate Consent Continue Reading
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
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
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
In 2018, a case came out of the 7th Circuit[1] involving a wrongful death lawsuit filed against two Neenah police officers who shot and killed Michael Funk, an armed hostage, during a 2015 armed standoff. Neenah police officers Craig Hoffer and Robert Ross shot Funk after he escaped Eagle Nation Cycles where he and two others were being held hostage by gunman Brian Flatoff.
Hostage Shot During Armed Standoff – Liable? Continue Reading
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
You’re In My House: Examining Criminal Charges in Use of Force Incidents Continue Reading
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
Off-Duty Officers and When to Intervene Continue Reading
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
Use of Deadly Force Against Man’s Best Friend Continue Reading
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