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.
View ArticlePOLICE-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...
View ArticleRAMMING 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.
View ArticleSECOND 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...
View ArticleASSAULTS 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...
View ArticleWARRANTLESS 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.
View ArticleSCHOOL 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...
View ArticleUS 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...
View ArticleIS 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...
View ArticleA 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...
View ArticleWORKPLACE 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...
View ArticleELEVENTH 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...
View ArticlePROTECTIVE 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...
View ArticleINDIVIDUALS 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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