The United States Supreme Court (USSC) has recently made a ruling on the legality of police officers shooting at suspects fleeing in motor vehicles. The case is Mullenix v. Luna, and the decisions are binding on all law enforcement officers in the United States. The decision of the Court is not conclusive for all situations involving a fleeing suspect in a vehicle, but the … [Read more...]
Moore v. Pederson – Warrantless Arrests Inside the Home
On September 16, 2015 the U.S. 11th Circuit Court of Appeals decided the case of Moore v. Pederson. The case involves the warrantless entry into a private residence to arrest an offender standing at the front door's threshold. A person's home is considered their castle, and to invade that privacy requires the highest levels of legal justification. Usually the only legal method … [Read more...]
Montoute v. Carr – Officer Involved Shooting
In 1997 the 11th U.S. Circuit Court of Appeals ruled in the case of Montoute v. Carr, involving a police officer shooting a person armed with a sawed-off shotgun who had not pointed the shotgun at the officer. In fact, Montoute was in the process of running away from the officer when he was shot. In the last year the media attention on officer involved shootings (OIS) has … [Read more...]
A Duty to Intervene – Salvato v. Miley
When an officer swears the oath of office they are making a solemn promise to uphold the U.S. Constitution, their State Constitution, and the laws of their jurisdiction. In most circumstances this oath is upheld and gauged by the officer's exercise of authority over citizens while in the line of duty. However, the oath of office is not a singular promise of Constitutional … [Read more...]
Supreme Court Limits K-9 Sniffs at Stops
The United States Supreme Court has ruled on another use of K-9 units at traffic stops that will have significant impact on the way law enforcement can use this vital tool in the detection and apprehension of illegal drugs. Though the use of police canines has been legally acceptable for nearly 100 years, and has been recognized by the High Court in the use of drug detection … [Read more...]
United States v. Webster – Patrol Car Confessions
We've all been there before. You're investigating a suspected crime, and to help control the scene you place a suspect in the back of your patrol car. The thug is a tough guy at the scene and isn't admitting anything. However, for liability protection your department has outfitted your patrol car with audio and video recording equipment. In addition to the forward facing camera … [Read more...]
Police Pursuits and Use of Force
EDITOR'S NOTE - This article reviews a decision by the U.S. 11th Circuit Court of Appeals, and is provided for our reader's to review and consider. However, the BlueSheepDog Crew are not attorney's and we do not intend to provide legal counsel in any manner by presenting the facts and decisions of this case. For particular legal advise, we recommend that readers consult … [Read more...]
United States v. White (2015): Searches and Parolees
The United States 7th Circuit Court of Appeals has recently decided the case of United States v. White (2015), which will provide significant guidance to law enforcement officers dealing with parolees or people on probation. Generally the Federal Courts have recognized that offenders that have been released on parole or placed on probation, have a reduced expectation of privacy … [Read more...]
United States v. Fermin – Building a Case on Reasonable Suspicion
On November 14, 2014 the U.S. 1st Circuit Court of Appeals decided an appeal to a case involving the reasonable suspicion investigation of officers assigned to a High Intensity Drug Trafficking Area (HIDTA) Task Force in Rhode Island. The case involves the outstanding documentation of the officers observations of suspicious behavior up to and including the first contact with … [Read more...]
Stiegel v. Collins: Officer Pointing Gun During Terry Stop Reasonable
AUTHOR'S NOTE: The BlueSheepDog Crew strives to present precedent-bearing cases from the Federal Courts, or State Supreme Courts to help officers education themselves on the latest interpretations of laws and Constitutional actions. However, we do not present ourselves to be legal representatives in any way, and offer these Court decisions for informational purposes only. … [Read more...]