In 1966, the United States Supreme Court decided Miranda v. Arizonai and held that, prior to custodial questioning, in order to mitigate the police dominated environment that is likely to overpower a person’s will, the police must warn a person of their [...]
Jones v. Garcia and Miller, No. 08-1969, 2009 U.S. App. LEXIS 21801 (6th Cir. Unpub Decided September 29, 2009) The Sixth Circuit Court of Appeals recently decided a case that illustrates that Officers need to be mindful of pre-existing injuries [...]
When a pre-trial detainee alleges excessive force against jail personnel, the standard for the use of force is governed under the Fourteenth Amendment. This varies significantly from a Fourth Amendment excessive force claim and is much more difficult for a plaintiff to prove. [...]
United States v. Juan Pineda-Moreno, 2010 U.S. App. LEXIS 625 (9th Cir. Decided January 11, 2010) On January 11, 2010, in the United States v. Pineda-Morenoi, the Ninth Circuit Court of Appeals upheld the warrantless use of a GPS tracking [...]
SEE ALSO: Analysis based on 9th Circuit in the LLRMI Legal Question Archives Can simply pointing a gun at persons located at the scene of a search warrant be considered excessive force? The Seventh Circuit Court of Appeals had to answer [...]
United States v. Mann, No. 08-3041, 2010 U.S. App. LEXIS 1264 (7th Cir. Decided January 20, 2010) When executing search warrants, police are restricted to searching only areas in which the listed object of the search could be found or concealed. This [...]
As the prevalence of electronic control devices continues to increase among law enforcement agencies, the need for sound policy and training regarding these weapons becomes evident. One important area involves the use of electronic control devices on young children. At [...]
As the prevalence of electronic control devices continues to increase among law enforcement agencies, the need for sound policy and training regarding these weapons becomes evident. One important area involves the use of electronic control devices on young children. At [...]
Marion v. City of Corydon, Indiana et al., No. 08-2592, 2009 U.S. App. LEXIS 6094 (7th Cir. Decided March 23, 2009) The Seventh Circuit Court of Appeals, in Marion v. City of Corydon et al.i, recently held that officers acted reasonably when they [...]
More on Arizona vs. Gant: Exclusionary Rule ~ 2011 US v. Davis (Supreme Court) Jack Ryan 6-17-2011 Effect of AZ v. Gant on Past Searches Incident to Arrest (11th Cir. U.S. v. Davis): Brian Batterton, 5-11-2010 Final Case Judgement and What it [...]