In our July research newsletter we examined the findings of the 27 most recently published research studies on overall citizen satisfaction with the police. These studies revealed that the strongest factor influencing general citizen satisfaction with, and trust in, the police is having had a recent negative contact with the police, or knowing a friend or relative who recently experienced a negative contact with the police. Our August research newsletter addressed the social science research on negative police contacts and how to reduce them. After negative police-citizen interactions, the second strongest predictor of overall citizen satisfaction with the police is [...]

Increasingly, officers are voicing their workplace grievances and concerns online via social media, where it is readily accessible by members of the public.  While some off-duty social media activity can be speech protected by the First Amendment, other statements are not protected and can be subject to legitimate disciplinary policies such as Conduct Unbecoming an Officer or Insubordination. As courts address the issue on a case-by-case basis, public safety leaders are offered significant court guidance to aid them in making informed decisions when dealing with employees’ social media activity that they believe may warrant disciplinary action while avoiding the legal [...]

On September 3 of 2015, a decision was issued by the U.S. District Court for the Southern District of New York.  The decision was widely viewed by football fans as being one that centered around deflated footballs, a potential suspension for one of the game’s greatest quarterbacks, and this season’s prospects for one of the most polarizing franchises in America’s most popular sport. But, in reality, the decision was about personnel law.  More specifically, it was about an employee’s right to receive fair notice prior to discipline and to be free from inconsistently harsh discipline. The fundamental issues upon which [...]

On July 21, 2015, the Eighth Circuit Court of Appeals decided Wall v. Stanek [i], which discussed the constitutionality of consent for a blood test obtained under a state’s implied consent law.  The relevant facts of Wall, taken directly from the case, are as follows: At approximately 1:00 a.m. on June 20, 2011, Hennepin County Sheriff's Deputy Barbara Russeth stopped Wall for a traffic violation. Upon her exiting the vehicle, Wall smelled of alcohol, exhibited poor balance, failed multiple field sobriety tests, and in a preliminary breath test, she produced a blood-alcohol concentration (BAC) of .109—beyond the .08 legal threshold, see Minn. Stat. § 169A.20, [...]

A national disconnect appears to exist between the law enforcement profession and members of racial and ethnic minority groups. Gallup poll data has revealed that citizen satisfaction with the police is at an all-time low, and it is lowest among African-Americans and Hispanics. Nationwide, less than 50% of Hispanics and less than 35% of African-Americans surveyed by Gallup in 2014 had confidence that police officers would treat them fairly (Gallup, 2014). Think about that. One out of every two Hispanics and two out of every three African-Americans has a mistrust of law enforcement. This is a national crisis in law [...]

In recent months, several states have passed legislation offering funding and/or rendering mandates to local law enforcement agencies for the purchase, deployment and use of body cameras.  This article will analyze two of these statutes—one from Texas and the other from South Carolina. Each of these statutes will be examined distinctly in the following key areas: #1: whether the adoption of body cameras is mandatory #2: the availability of state assistance in purchasing of body camera hardware #3: the availability of state assistance in financing the retention of body camera footage #4: policy guidance for the utilization of body cameras [...]