On November 9, 2015, the United States Supreme Court released its decision in Mullenix v. Luna,[1] holding that an officer was entitled to qualified immunity after firing shots at a fleeing vehicle and killing the driver of the vehicle, moments before it ran over a spike strip placed in the roadway. The ruling is just another in a line of recent decisions by the […]
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
Ethics, Integrity, Police Legitimacy, and Procedural Justice Continue Reading
Watching the Video Before Writing A Use of Force Report Over the past few weeks I have seen more and more articles regarding the policy of allowing police officers to view video of an incident before writing their use of force report, and I am clearly concerned. It appears that individuals across the country have decided to be reactionary to “win” over the officer,
What happened to Perception of the Officer? Continue Reading
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
Social Media Policy: Why Do We Need One? Continue Reading
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
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
Developing a Policy/Procedure Manual and Meeting Accreditation Standards Continue Reading
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
Hotel Operators Not Required to Turn Over Guest Records on Demand Continue Reading
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
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
POTUS Orders Reduction of Military-Style Equipment for Law Enforcement Agencies Continue Reading
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
Extension of a Traffic Stop for Use of a Canine – How Long is Too Long? Continue Reading