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 […]
DOJ Review of Ferguson: Is it a Blueprint? Read More »
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” Schedule – 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
When Your Suspected EBOLA Case Is Called In, Will You Be Prepared? Read More »
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
Knock and Talk: Limited to Just the Front Door? Read More »
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
Wearing a Badge, And a Video Camera Read More »
Eric R. Atstupenas, Esq.[1] I. Introduction In a time when our law enforcement officers are responding to an alarming number of incidents involving opiate overdoses, agencies should be prepared to arm their officers with a means to reverse overdoses and save lives. In an effort to dramatically reduce the number of opioid-related deaths nationwide, countless
“Narcan-izing” Law Enforcement Agencies: The Age of Anti-Overdose Weaponry Read More »
Court adjourned at the end of July and its time to learn what they left us to work with! The United States Supreme Court term ended and they delivered opinions on recent case law that impacts the way officers should conduct themselves in the field. The following are four cases decided in the last term
2014 United States Supreme Court Cases Read More »
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
Search a Cell Phone Incident to Lawful Arrest? Get a Warrant! Read More »
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
Supreme Court Approves Deadly Force to Stop a Dangerous Pursuit Read More »
In Prado Navarette v. California[1], the United States Supreme Court held that an anonymous 911 call (alleging specific reckless driving behavior), which resulted in the caller’s car being run off the road, gave officers reasonable suspicion of drunk driving. This, then, justified the traffic stop of that vehicle, and the arrest of the occupants for
Does an Anonymous Call Give Reasonable Suspicion of DUI Read More »
Last week, the United States Supreme issued a decision in Fernandez v. California[1] clarifying an earlier decision in Georgia v. Randolph, 547 U.S. 103 (2006), which held that when multiple individuals reside at a premises, if a physically present individual objects to a warrantless search of the residence, the police may not search the residence
Fernandez v. California: Removal of an Objector During a Consent Search Read More »
