Resources

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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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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SCOTUS on First Amendment: Probable Cause for an Arrest Does Not Bar a First Amendment Claim

On June 18, 2018 the United States Supreme Court issued its decision in Lozman v. City of Riviera Beach (No. 17-21), 585 US ____ (2018), holding that the existence of probable cause for an arrest, does not bar a First Amendment retaliation claim. In 2006, petitioner Fane Lozman (Lozman) towed his floating home into a slip in the City-owned marina, where he became a

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SCOTUS on Fourth Amendment: Automobile Exception Does Not Allow Warrantless Entry of a Home or Its Curtilage to Conduct a Vehicle Search

On May 29, 2018, the United States Supreme Court issued its decision in Collins v. Virginia (No. 16-1027), 584 US ____ (2018), holding that the automobile exception does not permit an officer to conduct a warrantless entry into a home or its curtilage to conduct a vehicle search. On two occasions, two police Albemarle County police officers, working independently, attempted to stop a motorcycle

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SCOTUS – Vehicle Searches: Unauthorized Drivers of Rental Cars Could Have Reasonable Expectation of Privacy in the Vehicle

This week, the Supreme Court of United States issued its decision Byrd v. United States (No. 16-1371), 584 US ___ (2018). This is an important case for law enforcement in terms of vehicle searches. The issue before the Court was whether an unauthorized driver of a rental car has a reasonable expectation of privacy in the rental car. The Court held that there mere

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