Resources

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 […]

10th Circuit holds that Dogs are Property Protected by the Fourth Amendment 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”

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”

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

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

SCOTUS: 9th Circuit “Provocation Rule” Is an Unwarranted and Illogical Expansion of Graham v. Connor Continue Reading

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

Use of Force and Incident Reports Are Not Compelled Reports Continue Reading

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

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

“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

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

Mental Illness Response – The Need to Follow Policy and Training

Over the last year, there has been a significant increase in use of force incidents involving those who suffer from mental illness. The United States Supreme Court clarified the need for effective training and policy on how your department handles these high risk contacts. In May of 2015, the U.S. Supreme Court issued its decision in Sheehan v. City and County of San Francisco[1].

Mental Illness Response – The Need to Follow Policy and Training Continue Reading

Recent Trends in Terry Stops and Pat-Downs

By: Eric P. Daigle Terry stops (also known as investigatory stops) has 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

Recent Trends in Terry Stops and Pat-Downs Continue Reading

Officers May Administer Breath Tests Under the Search Incident to Lawful Arrest Doctrine, but Not Blood Tests

On June 23, 2016, the United States Supreme Court ruled that breath tests, but not blood tests, may be administered as a search incident to a lawful arrest for drunk driving.[1] The Supreme Court’s decision was the result of a consolidation of three separate cases in which the states have enacted laws making it a criminal offense to refuse to submit to BAC testing

Officers May Administer Breath Tests Under the Search Incident to Lawful Arrest Doctrine, but Not Blood Tests Continue Reading

Generate POST Form

Thank you for your commitment to professional growth and your dedication to staying up to date with the latest in policy and police practices. Click the button below to access our POSTC-50 Review Training Credit Form generator.
Generate Credit Form
For assistance, please email help@dlglearningcenter.com or contact support.