Resources

Private Emails Are Not So Private for Government Employees

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 […]

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Courts Limit Cell Phone Searches Incident to Arrest

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

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Court Upholds Maryland Statute Requiring DNA Samples from Suspects Arrested for Violent Crimes : Maryland v. King

 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

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Officer Involved Shootings – How Are Courts Analyzing the Use of Deadly Force?

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

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Multiple Applications of Electronic Control Weapon(s): Attempt to Control or Punitive Measures?

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

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Supreme Court Supports Use of Canines as Sufficient Probable Cause

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

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ADA Do You Have a Policy for That?

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

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Use of Personal Cell Phones While On Duty: You Want My What…

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

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Garrity: To Be or Not To Be – That is the Question

As I travel the country and work with different police departments, I am concerned with the inconsistency and the lack of knowledge of police management regarding use of Garrity in administrative investigations. I have learned that while investigators and management are aware of the practice of using Garrity warnings, as created by the case Garrity v. New Jersey, these warnings are misinterpreted and applied

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