The United States Supreme Court released a decision on November 4, 2013 pertaining to the constitutionality of a police officer’s warrantless pursuit of a suspect into a home based on probable cause of the commission of a misdemeanor crime.[1] A ruling from the Supreme Court is important to clarify the standards applicable to search and seizure law. This decision identifies a conflict between the […]
For the purpose of providing guidance to Law Enforcement our firm is dedicated to spotting emerging trends and staying abreast of developing law as advances in the technological world merge with law enforcement practices. Back in 2012, we first started discussing the effect and influence of emerging technology, and the difficulties surrounding the use, search, and seizure of cell phones in the law enforcement
Private Emails Are Not So Private for Government Employees Continue Reading
Attorney Ken Wallentine Four years ago, in Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court took a sharp turn in the law of search incident to arrest. The Court stepped back toward the two justifications for the search incident to arrest exception to the Fourth Amendment warrant requirement—preservation of evidence and officer safety—first definitively articulated in Chimel v. California, 395 U.S. 752
Courts Limit Cell Phone Searches Incident to Arrest Continue Reading
Attorney Karen J. Kruger The United States Supreme Court recently ruled in favor of the State of Maryland in its opinion in Maryland v. King, a case that evaluated the constitutionality of the taking of a DNA sample from a person arrested, but not yet convicted of a serious crime. In the case before the Court, a 53-year-old woman was raped and robbed in
On May 13, 2013, the United States Court of Appeals for the Ninth Circuit came down with a favorable opinion for law enforcement involved in a fatal “officer involved shooting” incident. The Court’s opinion is well thought out and analyzes and evaluates each step of the incident as it progressed, ultimately leading to the fatal shooting of the suspect. A case such as this
Officer Involved Shootings – How Are Courts Analyzing the Use of Deadly Force? Continue Reading
In the past months, two different courts released decisions analyzing an officer’s use of an electronic control weapon in the context of the 4th Amendment and allegations of excessive force. Both of these decisions give insight into the manner in which courts are currently evaluating the use of the weapon, the facts and circumstances surrounding an arrest, and a comparison of the suspect’s behavior
Florida v. Harris On February 19, 2013, the United States Supreme Court came down with its second decision issued on the same day involving the procedures and practices of law enforcement. This decision, however, is definitely one for the law enforcement “win column.” In fact, law enforcement drug detection dog handlers might want to consider throwing the United States Supreme Court a treat for
Supreme Court Supports Use of Canines as Sufficient Probable Cause Continue Reading
Let’s face it, police officers do not like to be recorded, especially when performing their official duties in the public arena. The fact is that officers are being recorded daily now that the general public carries recording devices in their pockets ready to record at the push of a button. This leads to clear challenges to law enforcement. We first wrote on this subject
Glik v. Cunniffe – Videotaping Police Officers Continue Reading
There are certain policies that those who advise law enforcement agencies consider to be “high risk policies.” Use of Force and Force Related Policies, Pursuit Policy, Sexual Harassment and the Citizen Complaint Process are just some of them. Typically, a violation of a “high risk” policy could make a law enforcement agency more susceptible to an increased level of liability and a higher damages
ADA Do You Have a Policy for That? Continue Reading
It is rare these days to find an individual without a personal cell phone in his possession at any given time during the day or night. Our society has created the ability and psychological need to be in constant contact with the world around us. The introduction of personal cell phones, however, has created many unforeseen issues for a variety of employers. While many
Use of Personal Cell Phones While On Duty: You Want My What… Continue Reading