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 […]
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
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
In April the Supreme Court of United States decided Kisela v. Hughes, 584 US ____ (2018), and the opinion is already the center of a debate. In this case, not only did the majority find that Officer Kisela was entitled to qualified immunity for his use of deadly force, but it also went on to criticize (to the point of expressing disappointment) the Ninth
SCOTUS Rules for Police Officer in Excessive Force Case Continue Reading
The United States Supreme Court has an ambitious agenda on law enforcement topics for 2018. While some of the cases waiting to be decided may assist law enforcement when conducting criminal investigations, others may pose challenges to their efforts if decided the wrong way. The topics to be decided include: Whether an expectation of privacy exists when the sole occupant of a rental car
SCOTUS 2018: A Glimpse on the Cases That Will Affect Law Enforcement Continue Reading
The United States Supreme Court has an ambitious agenda on law enforcement topics for 2018. While some of the cases waiting to be decided may assist law enforcement when conducting criminal investigations, others may pose challenges to their efforts if decided the wrong way. The topics to be decided include: Whether an expectation of privacy exists when the sole occupant of a rental car
SCOTUS 2018 Decisions That Could Affect Your Policing Continue Reading
In the last two years, we have seen a significant increase in the use of force incidents, including deadly force incidents, involving individuals who are mentally ill or incapacitated. Of great concern is that, for responding officers, these incidents are often “no win” situations for the involved officers. The law governing a law enforcement officer’s use of force, specifically Graham v. Connor [1], is
Use of Force and Mental Illness – Policy Development for No Win Situations Continue Reading
Estate of Corey Hill v. Miracle, 2017 WL 1228553 (6th Cir. 2017) Decided April 4, 2017 FACTS: In June 2013, Hill suffered from low blood sugar and went into a diabetic emergency. His girlfriend, Worrall, called EMS. Two EMS units, with four paramedics, arrived. Finding him disoriented, Paramedic Streeter tried to talk to him, explaining what he needed to do, but Hill was “agitated
42 U.S.C. 1983 – USE OF FORCE Continue Reading
Roell v. Hamilton County, Ohio, _________ (6th Cir. 2017) In the late evening hours of August 12, Gary Roell, who suffered from a mental illness, entered into a state of excited delirium, and created a disturbance at his neighbor’s condominium, including throwing a flower pot through her window. The neighbor was awakened by the noise and attempted to talk to Roell. After Roell threw
Attorney Eric P. Daigle Secondary policing, private duty, or off-duty work is the practice by which municipalities allow their sworn officers to moonlight as private security during off hours. Officers are generally allowed to wear their official uniforms, carry department-issued weapons, and maintain all the police powers of an active, on-duty police officer, which includes the power to: search, seize, arrest, and use deadly
Secondary Employment: Renting a Cop – What Are the Concerns Continue Reading