On December 9th, 2014, the Third Circuit Court of Appeals decided the Stiegel v. Collins [i], which serves as an excellent review of the law pertaining to reasonable suspicion and reasonable force during a Terry Stop.  The relevant facts of Stiegel, taken directly from the case, are as follows: Steven M. Stiegel ("Stiegel" or "Appellant") was hunting with his friend Nolan Majcher ("Majcher") on private property located in North Strabane Township, Pennsylvania. Id. Stiegel and Majcher are both licensed to hunt and possess firearms. Around 11:00 pm, the men's hunting was interrupted by Officer Matthew Russell Collins ("Collins"). Collins has been an officer with [...]

On December 16, 2014, the Court of Appeals of Georgia decided Brown v. State [i], in which the court applied the recent United States Supreme Court ruling in Riley v. California [ii] to suppress evidence obtained in a cell phone search. The facts of Brown, taken directly from the case, are as follows: [T]he evidence shows that at 2:00 a.m. on December 30, 2012, Brown drove his vehicle into the path of oncoming traffic and forced an unmarked police car off the road. The Athens-Clarke County police officer stopped Brown's vehicle and began a DUI investigation. As the officer questioned Brown, he observed that Brown [...]

On October 16, 2014, the Sixth Circuit Court of Appeals of decided the Cass v. City of Dayton, et al. [i], in which they found that an officer acted reasonably under the Fourth Amendment when he fired upon a vehicle, killing the passenger. The relevant facts of Cass, taken directly from the case, are as follows: This case arises out of a May 16, 2008, "buy-bust" operation orchestrated by Detective James Mullins of the Dayton Police Department Special Investigations Division Drug Unit. The operation was based on information received from a confidential informant, who was to purchase an ounce of crack cocaine from [...]

The belief among employees that “the rules apply to some more than others” when it comes to discipline is a morale issue in departments across the country.  Regardless of whether rank and file claims of favoritism are warranted, the perception is fueled by the fact that agency decision-makers are often unclear on what discipline should be expected for various types of policy violations.  Therefore, in the interest of morale and agency efficiency, it seems imperative that similar violations result in similar discipline, absent mitigating or aggravating circumstances. Beyond issues of morale, inconsistent discipline can result in costly liability if dissatisfied employees or [...]

On July 16, 2014, the Georgia Court of Appeals decided the State v. Allen et al.[i], which serves as instructive for Georgia peace officers regarding detentions during traffic stops for the purpose of obtaining consent or utilizing a canine to sniff a vehicle. The relevant facts of Allen, taken directly from the case, are as follows: On September 13, 2012, while stationed in the median of an interstate to monitor traffic, the officer observed a 2012 Nissan Altima vehicle cross from the center lane of travel into "the fast lane." As the Altima passed the officer's stationary position, the officer saw the [...]

Far too much criticism has been hurled at the police and far too little understanding of the difficulties of the police work prevails. This criticism and lack of understanding has resulted in alienating the police from the public, so that they go about their work with scant consideration of the public just as would any other group of people who were criticized unintelligently. At the present time when strenuous efforts are being made by many police departments to increase their efficiency, it is ungracious to dwell on the inefficiency of the police in general. - Sutherland, “Criminology,” 1924 In America, on [...]