Author’s Note: The United States Supreme Court has issued other decisions on the issue of involuntarily blood draws on suspected DUI suspects. Before doing a blood draw without a warrant, an officer must determine the category in which the driver [...]
©2019 Jack Ryan, J.D., Legal & Liability Risk Management Institute The United States Supreme Court noted that in a case where officers normally exercise their discretion and forego an arrest, a plaintiff may have a claim if the plaintiff [...]
©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) There is often a public outcry when it is learned that an officer has shot an unarmed individual. It is recognized that there is often a disconnect between the public [...]
©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) In a short per curiam decision, the United States Supreme Court considered a case where officers arrested a woman in her home for disorderly conduct and interfering with a law enforcement investigation. [...]
©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) Law Enforcement Must Obtain a Search Warrant in to Order Access Cell Phone Records from Cellular Providers In Carpenter v. United States,[1] the United States Supreme Court considered whether the Fourth [...]
©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) In a very narrow holding, the United States Supreme Court held that where a municipality has an ongoing dispute with a citizen, such that the policy of the municipality is [...]
©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) “The mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his or her otherwise reasonable [...]
©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) In Collins v. Virginia,[1] the United States Supreme Court examined the sanctity of a home’s curtilage, [an area adjacent to the home and to which activity of home life extends] when [...]
©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) The case does not give any guidance for law enforcement operations other than the indication that the law was not clearly established when this particular shooting occurred. Kisela v. Hughes, PER [...]
©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) Unprovoked Flight, Furtive Action and Unprovoked Flight, as well as Nervous and Evasive Behavior are all factors in the Totality of Circumstances The case of Peaches and the Party In District [...]