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POTUS Orders Reduction of Military-Style Equipment for Law Enforcement Agencies

On December 18, 2014 President Obama issued an Executive Order establishing the President’s Task Force of 21st Century Policing. Since that time, the task force has met and discussed what steps can be taken in order to not only reduce crimes, but increase trust between law enforcement agencies and the communities that they serve. Of particular concern to the Task Force, is what it […]

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Extension of a Traffic Stop for Use of a Canine – How Long is Too Long?

The U.S. Supreme Court ruled in Rodriguez v. United States today that absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Fourth Amendment. An officer observed a motor vehicle veer onto the shoulder of the road and then jerk back onto the road.  The officer stopped the vehicle for a state law violation, prohibiting travel

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DOJ Review of Ferguson: Is it a Blueprint?

On March 4, 2015, the Department of Justice (DOJ) released a 102-page report containing its findings from its investigation into the Ferguson Police Department. The release of this report has brought about a flood of attention from countless venues. Everyone from media, to legal experts and political analysts, and even the President of the United States has weighed in on the report. The report

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When Your Suspected EBOLA Case Is Called In, Will You Be Prepared?

Checklist For A Comprehensive Infectious Disease Response Plan Prepared by Chief Michael Whalen (Ret.) In the last several months we have seen a variety of “Ebola” events – each one with its own set of circumstances and a variety of responses. We have watched as response protocols have been published, later amended, and then changed again. The recent “win” by Nurse Kaci Hickox in

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Knock and Talk: Limited to Just the Front Door?

The United States Supreme Court held, in Carroll v. Carman,[1] that a police officer was entitled to qualified immunity because the law was not clearly established as to whether officers may utilize an entryway, other than the front door, when entering a property and conducting an inquiry under the “knock and talk” exception to the warrant requirement. On July 3, 2009, the Pennsylvania State

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Wearing a Badge, And a Video Camera

There has been much discussion and requests from police departments on how best to integrate a body worn camera system into their department over the past few months. Most agencies have met some level of initial resistance from their department members, who are concerned with the negative implications of wearing the camera – usually a “big brother is watching concern.” Over the past four

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

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 programs,

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Search a Cell Phone Incident to Lawful Arrest? Get a Warrant!

In its decision issued just yesterday, the United States Supreme Court delivered the ruling that, barring any exigent circumstances, officers must obtain a warrant to search a cell phone seized in a search incident to a lawful arrest. For the past year or two, we have been very vocal in law enforcement training when addressing the issue of searching cell phones incident to arrest,

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Supreme Court Approves Deadly Force to Stop a Dangerous Pursuit

In Plumhoff v. Rickard[1], a decision handed down on May 27, 2014, the United States Supreme Court held that officers’ use of deadly force to terminate a dangerous car chase did not violate the Fourth Amendment. The Court also held, in the alternative, that the officers were entitled to qualified immunity because they did not violate any clearly established law. While this article reviews

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