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
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
DOJ Review of Ferguson: Is it a Blueprint? Continue Reading
Checklist For A Comprehensive Infectious Disease Response Plan Prepared by Chief Michael Whalen (Ret.) In the last several months we have seen a variety of “Ebola” events – each one with its own set of circumstances and a variety of responses. We have watched as response protocols have been published, later amended, and then changed again. The recent “win” by Nurse Kaci Hickox in
When Your Suspected EBOLA Case Is Called In, Will You Be Prepared? Continue Reading
The United States Supreme Court held, in Carroll v. Carman,[1] that a police officer was entitled to qualified immunity because the law was not clearly established as to whether officers may utilize an entryway, other than the front door, when entering a property and conducting an inquiry under the “knock and talk” exception to the warrant requirement. On July 3, 2009, the Pennsylvania State
Knock and Talk: Limited to Just the Front Door? Continue Reading
There has been much discussion and requests from police departments on how best to integrate a body worn camera system into their department over the past few months. Most agencies have met some level of initial resistance from their department members, who are concerned with the negative implications of wearing the camera – usually a “big brother is watching concern.” Over the past four
Wearing a Badge, And a Video Camera Continue Reading