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EIGHTH CIRCUIT UPHOLDS CONSTITUTIONALITY OF CONSENT FOR DUI BLOOD TEST

On July 21, 2015, the Eighth Circuit Court of Appeals decided Wall v. Stanek [i], which discussed the constitutionality of consent for a blood test obtained under a state’s implied consent law.

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POLICE-MINORITY RELATIONS: WHAT SHOULD BE DONE?

A national disconnect appears to exist between the law enforcement profession and members of racial and ethnic minority groups. Gallup poll data has revealed that citizen satisfaction with the police...

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RAMMING AND SHOOTING FLEEING ARMED ROBBER - CONSTITUTIONAL CONSIDERATIONS

On September 11, 2015, the Eleventh Circuit Court of Appeals decided Murphy v. Demings et al. [i], which serves as excellent review regarding use of deadly force on dangerous, fleeing suspects.

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SECOND CIRCUIT DENIES QUALIFIED IMMUNITY FOR OFFICERS ARRESTING DISORDERLY WOMAN

On August 19, 2015, the Second Circuit Court of Appeals decided Brown v. City of New York et al. [i], which is instructive regarding the law pertaining to false arrest and excessive force under the...

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ASSAULTS ON OFFICERS AT DOMESTIC VIOLENCE CALLS

Domestic violence (DV) calls carry a popular reputation within the law enforcement profession for being extremely dangerous for officers. Some academics and DV victim advocates, however, have...

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WARRANTLESS GRAB OUT OF RESIDENCE HELD UNCONSTITUTIONAL

On September 16, 2015, the Eleventh Circuit Court of Appeals decided Moore v. Pederson [i], which serves as excellent review regarding warrantless home entry to arrest a suspect.

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SCHOOL RESOURCE OFFICERS AND USE OF FORCE ON STUDENTS

Today, many school districts have law enforcement officers assigned to work exclusively in their schools. These officers, often called school resource officers (SROs), are assigned to the schools to...

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US SUPREME COURT: SHOOTING AT FLEEING VEHICLES

In Mullenix v. Luna, the United States Supreme Court reviewed a high-speed chase where a trooper, from the Texas Department of Public Safety shot into the fleeing vehicle from an overpass in an attempt...

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IS TERMINATING OFFICERS WHO BREAK THE LAW ACTUALLY THE BEST THING FOR THEM?

When a law enforcement officer breaks the law it is a major embarrassment for the agency that employs the officer, it damages morale within the department, and it erodes public confidence in the...

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A TYPOGRAPHICAL ERROR LEADS TO FALSE ARREST FOR STOLEN CAR

Today, many school districts have law enforcement officers assigned to work exclusively in their schools. These officers, often called school resource officers (SROs), are assigned to the schools to...

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WORKPLACE SEARCHES AND THE FOURTH AMENDMENT

On October 16, 2015, the Seventh Circuit Court of Appeals decided Gustafson v. Adkins [i], which serves as instructive concerning the law pertaining to workplace searches and qualified immunity for...

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ELEVENTH CIRCUIT UPHOLDS WARRANTLESS SEIZURE OF COMPUTER

On September 16, 2015, the Eleventh Circuit Court of Appeals decided the United States v. Oates [i], which serves as excellent review regarding the requirements of the plain view doctrine as it relates...

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PROTECTIVE SWEEP AND THE LEGAL REQUIREMENTS

On October 15, 2015, the Court of Appeals of Georgia decided Causey v. State [i], which serves as an excellent review of the legal requirements for officers when conducting a protective sweep of a...

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INDIVIDUALS WITH DISABILITIES EDUCATION ACT VS. SECTION 1983 LIABILITY

On September 4, 2014, the Sixth Circuit Court of Appeals decided F.H. v. Memphis City Schools [i], which serves as instructive concerning the difference between liability under the Individuals with...

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