On September 16, 2015, the Eleventh Circuit Court of Appeals decided the United States v. Oates [i], which serves as excellent review regarding the requirements of the plain view doctrine as it relates to warrantless seizures.  The relevant facts of Oates, taken directly from the case, are as follows: Special Agent Jeffrey White, Department of Homeland Security Investigations, downloaded child pornography on the Ares peer-to-peer file sharing program ("Ares") from an IP address that was traced back to Exie Oates in an apartment in Columbus, Georgia. Agent White determined that, as an approximately 60 year old woman with no criminal history, Ms. Oates [...]

On October 15, 2015, the Court of Appeals of Georgia decided Causey v. State [i], which serves as an excellent review of the legal requirements for officers when conducting a protective sweep of a residence.  The relevant facts of Causey, taken directly from the case, are as follows: The evidence presented at the hearing on the motion to suppress shows that Deputy William Schwartz and at least three other officers of the Floyd County Sheriff's office, who were seeking to execute an arrest warrant for one Jesse Powell, went to Causey's home based on a tip that Powell could be found there; Powell [...]

On September 4, 2014, the Sixth Circuit Court of Appeals decided F.H. v. Memphis City Schools [i], which serves as instructive concerning the difference between liability under the Individuals with Disabilities Education Act (IDEA) and federal suits under 42 U.S.C. Section 1983.  The relevant facts of F.H., taken directly from the case, are as follows: F.H. was born on August 29, 1994. He was diagnosed with cerebral palsy syndrome as an infant. F.H. has also been diagnosed with asthma, and sleep apnea. F.H. has auditory and visual limitations and significant learning disorders. F.H. has needed a wheelchair or walker since he was a [...]

Today, many school districts have law enforcement officers assigned to work exclusively in their schools.  These officers, often called school resource officers (SROs), are assigned to the schools to promote a proper educational environment by enhancing safety and security at the schools.  These SROs may be employed directly by a school district or may work for the local law enforcement agency and be assigned to a particular school or schools by agreement. At times, these SROs find themselves in situations that require them to use some degree of force in dealing with a student.  This article will examine the two [...]

In Mullenix v. Luna, the United States Supreme Court reviewed a high-speed chase where a trooper, from the Texas Department of Public Safety shot into the fleeing vehicle from an overpass in an attempt to disable the vehicle.  In doing so he shot the driver four times in the upper body killing him. Held:  The law is not clearly established as to whether Trooper Mullenix’s shooting at a fleeing vehicle, where the driver had threatened to shoot police officers; was possibly intoxicated; and led law enforcement on a one hundred mile an hour chase, was unconstitutional. The Court outlined the [...]

When a law enforcement officer breaks the law it is a major embarrassment for the agency that employs the officer, it damages morale within the department, and it erodes public confidence in the police. Like it or not, law enforcement officers are held to a higher standard than the average citizen. It is a breach of the public’s trust when those who swear an oath to enforce the law actually break the law. In the minds of most citizens, and many law enforcement executives, termination is the most fitting punishment to help restore public trust. But what influence might termination [...]