©2010 Stephen Campbell, Steve Rothlein, Lou Reiter, Legal & Liability Risk Management Institute (LLRMI.COM) It is almost becoming a common occurrence when the news reports that some law enforcement special unit’s personnel are indicted or being investigated for criminal misconduct.  These types of special units come in various forms and names: HIDTA, street crime, narcotic enforcement, special enforcement, FLEX, CRASH, etc. The common thread for the misconduct can be traced back to four factors.  First, and the least common, is that the members of these units are simply criminals carrying a badge.  Second, and probably more common, is that these officers [...]

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com),United States v. Norwood (8th Cir. Decided May 28, 2010 Unpub)Law enforcement officers are tasked with ferreting out criminal activity in thecommunity in which they police.  One such tactic used toward this goal is traffic enforcement.  Traffic violations are an excellent, legal reason to stop a person and check their driver’s license status and whether they have any outstanding warrants, all the while speaking with the vehicle occupants.  Additionally, officers can often obtain consent to search a vehicle after converting the traffic stop into a “consensual encounter.”  However, if an officer unreasonably [...]

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com), School officials are frequently required to make quick decisions regarding violations of school dress codes.  Fortunately, the courts have provided a fair amount of case law to assist school officials in the decision making process.  For example, A.M. and A.T. v. Burleson Independent School District et ali., decided by the Fifth Circuit Court of Appeals, is a case that offers such guidance.  The facts of the case are as follows: A.M. and A.T., both minors, attended Burleson High School which, at the time of the incident, had approximately 2,300 students.  The [...]

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com), 8th Cir. United States v. Harrison, Decided May 26, 2010.      The Second Circuit Court of Appeals recently decided the United States v. Harrisoni, which serves as an excellent review of the rules that relate to the questioning of vehicle occupants during a traffic stop. The facts of Harrison are as follows: Harrison was a backseat passenger in a car that was stopped on the night of November 2, 2006, because a license plate light was out. Marcos Villegas was driving, Ronisha McBride was the front passenger, and Lamar Watson was in the back [...]

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com), 8th Cir. United States v. Jones, Decided June 8, 2010. The Eighth Circuit Court of Appeals recently decided the United States v. Jonesi which serves as a review of the legal requirements to initiate a stop and frisk.  The facts of Jones are as follows: While routinely patrolling a high-crime area on a mild September afternoon, Omaha [Nebraska] police officer Paul Hasiak saw a person later identified as Fonta M. Jones walking across a church parking lot wearing a long-sleeved hooded sweatshirt and "clutching the front area of his hoodie pocket with [...]

©2010 Lou Reiter, Co-Director, Legal & Liability Risk Management Institute (llrmi.com). Recently LLRMI/PATC polled members of the Public Safety community on issues of nepotism and fraternization within their agencies.  Within one week over 2700 responses were received - comprised of 48 percent supervisors, 40 percent first-level law enforcement officers, five (5) percent firefighters and EMS personnel, and the remainder from various sources. When asked if nepotism or fraternization had been an employee issue in their agency, 55 percent of respondents answered “Yes”, 36 percent answered “No”, and the remainder was unsure or had no response.  An overwhelming 71 percent of the [...]