Supreme Court Cases

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 […]

Supreme Court Says Police May Use Evidence Found After Illegal Stops Continue Reading

Teaching the New Constitutional Pre-Trial Detainee Standard: “The End of the Legal Twilight Zone”

On June 22, 2015 the United States Supreme Court ended the decade long debate of the appropriate use of force standard for pretrial detainees in Kingsley v. Hendrickson[1]. Previously the Fourteenth Amendment standard lay within a fractured body of case law, due to the United States Supreme Court’s refusal to address the split throughout the federal circuit courts. According to Irene Baker[2], courts and

Teaching the New Constitutional Pre-Trial Detainee Standard: “The End of the Legal Twilight Zone” Continue Reading

SCOTUS – Officer Entitled to Qualified Immunity After Firing Shots at a Fleeing Vehicle

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

SCOTUS – Officer Entitled to Qualified Immunity After Firing Shots at a Fleeing Vehicle Continue Reading

Hotel Operators Not Required to Turn Over Guest Records on Demand

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

Objective Use of Force Standards Defined as to Pre-Trial Detainees – Guidance on Objective Reasonable Standards

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

Objective Use of Force Standards Defined as to Pre-Trial Detainees – Guidance on Objective Reasonable Standards Continue Reading

Extension of a Traffic Stop for Use of a Canine – How Long is Too Long?

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

Knock and Talk: Limited to Just the Front Door?

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

Search a Cell Phone Incident to Lawful Arrest? Get a Warrant!

In its decision issued just yesterday, the United States Supreme Court delivered the ruling that, barring any exigent circumstances, officers must obtain a warrant to search a cell phone seized in a search incident to a lawful arrest. For the past year or two, we have been very vocal in law enforcement training when addressing the issue of searching cell phones incident to arrest,

Search a Cell Phone Incident to Lawful Arrest? Get a Warrant! Continue Reading

Supreme Court Approves Deadly Force to Stop a Dangerous Pursuit

In Plumhoff v. Rickard[1], a decision handed down on May 27, 2014, the United States Supreme Court held that officers’ use of deadly force to terminate a dangerous car chase did not violate the Fourth Amendment. The Court also held, in the alternative, that the officers were entitled to qualified immunity because they did not violate any clearly established law. While this article reviews

Supreme Court Approves Deadly Force to Stop a Dangerous Pursuit Continue Reading

Thank you for your commitment to professional growth and your dedication to staying up to date with the latest in policy and police practices. Click the button below to access our POSTC-50 Review Training Credit Form generator.
For assistance, please email help@dlglearningcenter.com or contact support.