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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 […]

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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

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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

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“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

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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].

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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

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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

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Supreme Court Says Police May Use Evidence Found After Illegal Stops

On June 20, 2016, the United State Supreme Court released its decision in Utah v. Edward Strieff, Jr.,[1] wherein it held that evidence is admissible even where an officer makes an unconstitutional investigatory stop when, during the stop, the officer learns that the individual has an outstanding arrest warrant, arrests the individual, and seizes the incriminating evidence as a result of a search incident

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Drafting a Policy RE: Interactions with Transgender Persons

Atty. John M. (Jack) Collins, Police Legal Advisor Martha’s Vineyard, MA Rather than waiting to be asked by a municipal official, community advocate, religious group or member of the press, chiefs have come to anticipate most “hot button” topics and to prepare for such inquiries. Adverse publicity can result quickly when police officers are accused of mishandling a transgender arrestee. Picketers on various “sides”

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Use of Force – Does Policy Matter? (Pre and Post Incident)

Prepared by: Officer Jamie Borden, Henderson Police Department As a Use of Force instructor for the past several years, as well as an expert in human factors and an experienced video analyst, I have seen first-hand the disparaging differences between the intended purpose of a policy and how that policy is actually applied in the aftermath of a critical incident, particularly where an officer

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