Legal Update Archive2018-08-06T22:11:41+00:00

ELEVENTH CIRCUIT DISCUSSES FALSE ARREST AND EXCESSIVE FORCE

On August 22, 2019, the Eleventh Circuit Court of Appeals decided Huebner v. Bradshaw et al.[i], which serves as an excellent review of the law related to false arrest and excessive force as it pertains to handcuffing.   The relevant facts of Huebner, as written by Judge Newsome, are as follows: You can't make this stuff up. We have hair-pulling, wrist-scratching, face-punching, and rock-throwing—all the makings of a good old-fashioned schoolyard scrap. But alas, the combatants in the fracas underlying this Fourth Amendment case were grown-ups—sisters, in fact. Sheesh… The sad story underlying this appeal began when one of our two [...]

By |April 7th, 2020|Categories: Legal updates|

United States Supreme Court: Kansas v. Glover, No. 18-566 (2020)

©2020 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) Officer Can Make Brief Stop of Vehicle where Registered Owner’s License is Revoked unless there is Information that should Dispel a Belief that the Owner is the Driver In Kansas v. Glover,[1] the United States Supreme Court considered a case where Deputy Mehrer of the Douglas County Kansas Sheriff’s Office observed a 1995 Chevrolet 1500 pickup truck with Kansas plate 295 ATJ.   Deputy Mehrer ran the plate with the Kansas Department of Revenue and it came back on the 1995 Chevrolet 1500 pickup. The Kansas Department of Revenue [...]

By |April 7th, 2020|Categories: Legal updates|

INTERNAL AFFAIRS SERGEANT SAYS, “OFFICER, HAND OVER YOUR CELL PHONE!”

This encounter is becoming more and more common in today’s public safety employee administrative investigations.  Can you order your employee to produce and assist in discovery of materials that might be on his/her personal cell phone or smart device?  The basic answer is yes; subject to certain conditions. What are some of the kinds of public safety administrative investigations where the need to get into an employee’s personal cell phone/smart device have recently occurred? SRO sexting with students Correctional officer making contacts with current and prior inmates A Chief of Police sending photos of his ‘junk’ to female subordinates Proof [...]

By |March 31st, 2020|Categories: Legal updates|

GEORGIA COURT UPHOLDS INVESTIGATIVE STOP AND SEARCH DURING DRUG INVESTIGATION

On July 9, 2019, the Court of Appeals of Georgia decided Chambers v. State[i], which serves as an excellent review of the law related to seizures of persons and searches of abandoned property.   The relevant facts of Chambers, taken directly from the case, are as follows: [T]he evidences show that in January 2009, an agent with the Oconee Drug Task Force received a tip from an unpaid confidential informant. The agent had known the informant for five years, the informant's previous tips had resulted in ten to fifteen arrests, and the informant had never given the agent false information. The [...]

By |March 30th, 2020|Categories: Legal updates|

DEPUTY SUED FOR DRIVING VAGRANT TO COUNTY LINE

On July 23, 2019, the Fifth Circuit Court of Appeals decided Keller v. Fleming[i], in which the court examined whether a deputy violated the Fourth or Fourteenth Amendment when he drove a vagrant to the county line, dropped him off, and the man was subsequently struck and killed by another motorist. The relevant facts of Fleming, taken directly from the case, are as follows: On the afternoon of January 26, 2015, Gerald Simpson was walking in the middle of Highway 12 in Kosciusko, Mississippi, eating from a box of chicken. Kosciusko police officers responded to a dispatch call reporting Simpson's [...]

By |March 24th, 2020|Categories: Legal updates|

OFFICER SUED FOR ISSUING MAN TRESPASS WARNING AND TELLING HIM TO LEAVE PREMISES

On July 19, 2019, the Eleventh Circuit Court of Appeals decided Watkins v. Miller[i], in which the court examined whether, in response to a 911 call regarding a man in a parking lot, an officer violated the Fourth or Fourteenth Amendment when he stopped the man, issued him a criminal trespass warning, and threatened to arrest him if he did not leave the private parking lot. The relevant facts of Watkins, taken directly from the case, are as follows: Watkins alleged that, on August 30, 2014, he was in a shopping center parking lot when Miller approached him and said [...]

By |March 16th, 2020|Categories: Legal updates|