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Ethics, Integrity, Police Legitimacy, and Procedural Justice

Necessary Training Required Society’s perception of law enforcement is changing. We see evidence of this change every day across the nation. The first question we must ask, however, is whether this perception is based on truth and facts, or if it based on myths, falsehoods, or innuendos. Unfortunately, in many cases we find it is based on the later and likely fueled through media […]

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Social Media Policy: Why Do We Need One?

By Atty. Eric P. Daigle, Law enforcement standards across this country clearly set forth the need for specific policies to govern the actions and decision-making of officers. In the age of Internet use and online social networking, has law enforcement provided the comprehensive policies and procedures to provide officers with proper guidance regarding appropriate use of social media, and take viable disciplinary action against

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Developing a Policy/Procedure Manual and Meeting Accreditation Standards – MA Specific

Law enforcement agencies around the country find themselves under intense public scrutiny; here in Massachusetts our agencies are no exception. On any given day and on any given call the interaction between our staff and the citizens we serve can find its way to the Internet and local news media with the click of a cell phone. When your agency finds itself in the

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Developing a Policy/Procedure Manual and Meeting Accreditation Standards

Written By: Chief Michael J. Whalen, Esq. (Retired) Law enforcement agencies around the country find themselves under intense public scrutiny. On any given day and on any given call the interaction between our staff and the citizens we serve can find its way to the Internet and local news media with the click of a cell phone. When your agency finds itself in the

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Hotel Operators Not Required to Turn Over Guest Records on Demand

Eric R. Atstupenas, Esq.  Republished with the permission of Eric R. Atstupenas, Esq.,  Atstupenas Law Office The U.S. Supreme Court ruled in City of Los Angeles, California v. Patel, et al. that the provision of the Los Angeles Municipal Code that requires hotel operators to make their registries available to the police on demand is facially unconstitutional because it penalizes them for declining to

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Objective Use of Force Standards Defined as to Pre-Trial Detainees – Guidance on Objective Reasonable Standards

In the decision released on Monday, the United States Supreme Court held in Kingsley v. Hendrickson[1] that the appropriate standard for deciding a pretrial detainee’s excessive force claim is an objective standard.   Accordingly, a pretrial detainee is not required to prove a defendant officer’s state of mind in a claim under 42 U.S.C. §1983 for excessive use of force.  Our analysis of this case finds that in

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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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