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

CONSENSUAL BLOOD TEST OF DRIVER NOT UNDER ARREST UPHELD BY GEORGIA COURT OF APPEALS

On September 11, 2019, the Court of Appeals of Georgia decided O’Shields v. State[i], in which the court examined whether the consent of driver who was under the influence of drugs, not under arrest, and not provided the state “implied consent notice” was free and voluntary.  The relevant facts of O’Shields, taken directly from the case, are as follows: [I]n the early morning hours of May 25, 2015, O'Shields rear-ended a fire truck that was stopped on the expressway in Clayton County due to a previous, unrelated accident. The passenger in O'Shields's car was killed and O'Shields was injured in [...]

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

EIGHTH CIRCUIT DENIES QUALIFIED IMMUNITY IN STRIP SEARCH

On September 5, 2019, the Eighth Circuit Court of Appeals decided Robinson v. Hawkins et al.[i], in which the court examined whether an officer was entitled to qualified immunity in an incident that involved a strip search.  The relevant facts of Robinson, taken directly from the case, are as follows: On October 19, 2012, St. Louis Metropolitan Police Department (SLMPD) Officers Angela Hawkins and Joseph Speiss were among a group of officers conducting a police checkpoint. At approximately 10:30 p.m., Robinson's boyfriend—who was driving Robinson's car while she sat in the front passenger seat—made an illegal U-turn, apparently to avoid [...]

By |June 29th, 2020|Categories: Legal updates|

FIFTH CIRCUIT DENIES IMMUNITY FOR OFFICER IN ARREST OF MAN TAKING PHOTOGRAPHS ON TRANSIT PROPERTY

On September 20, 2019, the Fifth Circuit Court of Appeals decided Adelman v. Branch[i], in which the court examined whether an officer with the Dallas Area Rapid Transit (DART) was entitled to qualified immunity regarding the arrest of Adelman, who was taking photographs of paramedics treating an overdose victim on transit property.  The relevant facts of Branch, taken directly from the case, are as follows: Branch began working for Dallas Area Rapid Transit ("DART"), the local transportation entity providing bus and rail services, as a police officer in 2006. Appellee Avi Adelman is a freelance journalist who publishes a neighborhood [...]

By |June 23rd, 2020|Categories: Legal updates|

Police Union vs Police Administration

Police Unions vs. Police Administration By Lou Reiter, LLRMI Co-Director and Director of the Public Safety Internal Affairs Institute In the wake of the public protests following the George Floyd incident in Minneapolis there is a lot of venom being hurled at police unions, collective bargaining and binding arbitration.  Much of this is warranted, but police administration and local government also have to share some of  the blame.  Let’s look at just two aspects of this issue: collective bargaining and binding arbitration. Police collective bargaining began in the early 1970s.  But there were police unions before that usually called anything [...]

By |June 10th, 2020|Categories: Legal updates|

EIGHTH CIRCUIT GRANTS IMMUNITY TO SCHOOL OFFICER AND PRINCIPAL FOR HANDCUFFING A DISORDERLY SEVEN YEAR OLD

On August 1, 2019, the Eighth Circuit Court of Appeals decided K.W.P. v. Kansas City Public Schools et al.[i], which is instructive regarding the handcuffing of young, disorderly students at school. In K.W.P., a seven-year-old boy attended elementary school in the Kansas City Public School district (KCPS).  This child had a history of physically resisting the principal, trying to fight other students, and disrupting class.  On April 30, 2014, the day the incident that gave rise to this suit occurred, K.W.P. alleged that another student antagonized him to the point that he got extremely frustrated, such that he yelled at [...]

By |June 8th, 2020|Categories: Legal updates|

TRAFFIC STOPS AND LEGALLY PROLONGING THE DETENTION

On August 23, 2019, the Court of Appeals of Georgia decided Hall v. State[i], which serves as an excellent review of the law pertaining to the prolonging of a traffic stop to investigate additional criminal activity.   The relevant facts of Hall, taken from the case, are as follows: [T]he evidence shows that in May 2015, an agent with the Atlanta High Intensity Drug Trafficking Area ("HIDTA") Task Force was conducting surveillance on Elmer Moreno, a member of a drug trafficking organization, from which the agent recently seized over 200 pounds of methamphetamine. As a result of this surveillance, the agent [...]

By |June 1st, 2020|Categories: Legal updates|