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US SUPREME COURT

The Supreme Court on Tuesday, heard argument in a police shooting case involving the West Memphis, Arkansas Police Department.  Michael Mosley, an attorney at the Arkansas Municipal League, argued the case on behalf of the Police Officers. The facts of [...]

Lawyers Presence at a Physical Line-Up

E-Newsletter Edition: August 18, 2010 Response Provided By: Brian S. Batterton, Attorney Always note that state law may be more restrictive on police power than the U.S. Constitution. VIEW/DOWNLOAD PRINTABLE COPY OF THIS LEGAL QUESTION HERE QUESTION PRESENTED: After a person is [...]

Warrantless Searches of Automobile Computer “Black Box”?

E-Newsletter Edition: May 25, 2010 Response Provided By: Brian S. Batterton, Attorney Always note that state law may be more restrictive on police power than the U.S. Constitution. VIEW/DOWNLOAD PRINTABLE COPY OF THIS LEGAL QUESTION HERE QUESTION PRESENTED: A relatively new vehicle [...]

Warrantless Searches of Automobiles Based on Probable Cause?

E-Newsletter Edition: March 31, 2010 Response Provided By: Brian S. Batterton, Attorney Always note that state law may be more restrictive on police power than the U.S. Constitution. VIEW/DOWNLOAD PRINTABLE COPY OF THIS LEGAL QUESTION HERE QUESTION PRESENTED: The question has come [...]

Profanity and the Use of Force

E-Newsletter Edition: Feb 24, 2010 Response Provided By: Brian S. Batterton, Attorney Always note that state law may be more restrictive on police power than the U.S. Constitution. QUESTION PRESENTED:: I recently took a POST Supervisor class, and during the Use of [...]

Jurisdiction in “4th Class City”

E-Newsletter Edition: Feb 10, 2010 Response Provided By: Brian S. Batterton, Attorney Always note that state law may be more restrictive on police power than the U.S. Constitution. QUESTION PRESENTED:: I serve as an officer in a town in Missouri of approximately [...]

Teacher’s use of force with fire extinguisher

E-Newsletter Edition: Feb 2, 2010 Response Provided By: Brian S. Batterton, Attorney Always note that state law may be more restrictive on police power than the U.S. Constitution. QUESTION PRESENTED:: Can a teacher use a fire extinguisher to stop a fight?  Would [...]

Can Pointing a gun be considered a use of force?

E-Newsletter Edition: Jan 27, 2010 Response Provided By: Jack Ryan, Attorney Always note that state law may be more restrictive on police power than the U.S. Constitution. THE QUESTION PRESENTED IS BASED ON THE FOLLOWING FACTS: Officers pursued a vehicle whose operator [...]

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