Breaking SCOTUS News! Barnes v. Felix and Police Created Use of Force
Dear Blue to Gold Followers: I wanted to provide an update and analysis on the oral argument in Barnes v. Felix, a case raising an important question under the Fourth Amendment. To provide context, the case examines whether courts should apply the “moment of the threat” doctrine when evaluating excessive force claims. Specifically, the question […]
What is Entrapment?
This questions comes from an officer in Nebraska, and the topic is: What is entrapment? Let’s break it down. Entrapment occurs when law enforcement officers engage in behavior so extreme and over-the-top that they essentially harass someone into committing a crime. However, simply giving someone an opportunity to commit a crime is not entrapment. Courts […]
Can Police Help EMS Force an Overly Intoxicated Person to the ER?
This is an interesting question. An officer in Tennessee asked, “We responded to assist EMS on a medical call, and now EMS is forcing a subject to go to the hospital against their will. They’ve asked for police help to escort the subject to the ambulance, which may require force because the subject is refusing […]
Chinaryan versus the LAPD
Can police use highly intrusive tactics like pointing guns and proning out people during a routine high risk traffic stop for a stolen vehicle? We have to talk about Chinaryan versus the LAPD. It all begins on June 14, 2019 when the LAPD conducted a high risk traffic stop on a black Chevy Suburban with […]
What is the Cat Out of the Bag Search?
Today’s question is, What is a cat out of the bag search? This ties in with private searches. Just to remind you, a private search is not a Fourth Amendment search. It does not have to be reasonable. We don’t care if it would offend the Fourth Amendment. If the police are not involved in […]
Can Officers Lie During Knock and Talks?
The question of the day is: Can officers lie during a knock and talk? The answer is, “Yes.” Certainly officers are not required to share all their inner secrets about an investigation with an occupant. So that’s not a problem. Courts have upheld deception during investigations for centuries. But I want to transition to another […]
Police Duty to Protect
Do police have a duty to protect others from harm? This question comes from an officer who says, “Hey, I took some training a while ago, and the presenters talked about how police do not have a duty to protect others, right? They have discretion. I’m trying to figure out where that case is.” Let’s […]
Suicidal Suspects and Special Relationships
Let’s talk about suicidal suspects or subjects and the special relationship doctrines. I know every situation is different and I appreciate that definitely facts change the answer. It seems like nationally, actual best practice indicates that if you have a suicidal person that is not a danger to other people, they only present a danger […]
Losing Qualified Immunity
Today’s question is so important. It’s important to every single officer watching my videos and reading my blog. The question is, What happens if we lose qualified immunity? It’s on your mind, I know it is. And if you’ve already lost qualified immunity in some of the states like Colorado, New York and New Mexico, […]
Proper Use of Handcuffing
Let’s start with some case law. The Ninth Circuit has held that you are allowed to use handcuffs during an investigative detention or traffic stop, if you can articulate it. A good case on this is United States versus Taylor, Ninth Circuit 1983. They basically held that the use of handcuffs, if reasonably necessary, has […]