©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, Berghuis v. Thompkins, U.S. Supreme Court, decided June 1, 2010. Note:  Court holdings can vary significantly between jurisdictions.  As such, it is advisable to seek the advice of a local prosecutor or your agency legal advisor regarding questions on specific cases.  This article is not intended to constitute legal advice on a specific case. Under the United States Supreme Court’s decision in Miranda v. Arizonai, a suspect has three options when faced with a custodial police interrogation: (1) the suspect can invoke his right to counsel, (2) the suspect can invoke his right [...]

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, Armijo v. Peterson, et al, decided April 13, 2010. Note:  Court holdings can vary significantly between jurisdictions.  As such, it is advisable to seek the advice of a local prosecutor or your agency legal advisor regarding questions on specific cases.  This article is not intended to constitute legal advice on a specific case. Imagine a case that involved gangs, threats of bombings and shootings at a school, warrantless home entry, and of course a civil rights lawsuit.  That is exactly what the school officials and police officers of the Onate [...]

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, United States v. Davis 08-16654, 2010 U.S. App. LEXIS 5131 (11th Cir. Decided March 11, 2010. In 1982, in the United States v. Johnson, the United States Supreme Court held that their decisions in construing the Fourth Amendment are to be applied retroactively to all convictions that were not final at the time their [the Supreme Court] decision was rendered.i  This rule has come into play recently in light of the high Court’s 2009 decision in Arizona v. Gantii, which changed the way police are to apply the motor vehicle search incident [...]

©2010 Steve Rothlein, Legal & Liability Risk Management Institute, Miami-Dade Police Department (Retired) TRADITIONAL INTERNAL AFFAIRS INVESTIGATIONS: Traditionally, most law enforcement agencies dedicate the majority of their internal affairs resources to investigating citizen complaints.  A complaint registered against an officer may be a significant indicator of police misconduct and should always be thoroughly investigated.  Every complaint, including those that are anonymous, should be documented and evaluated by the internal affairs unit to determine the appropriate course of action.  A strong process for investigating citizen complaints will help to establish the essential bond of trust a police agency requires to provide [...]

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute - United States v. Aguilar, No. 08-50155 (9th Cir. Unpub. Decided July 29, 2009) In 1929, the United States Supreme Court decided Carroll v. United States, where they held that an automobile stopped on the side of the road may be searched without a warrant if the police have probable cause that it contains contraband or evidence of a crime.i   This is now commonly known as the “automobile exception” to the search warrant requirement.  The Supreme Court applied this exception to motor homes in 1985 to motor homes when they decided California v. [...]

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, Stokes v. Board of Education of the City of Chicago, No. 09-1180, 2010 U.S. App. LEXIS 5707 (7th Cir. Decided March 19, 2010) SCHOOL OFFICIALS, SUMMARY JUDGMENT AND QUALIFIED IMMUNITY: School officials, like police, are often forced to make split-second decisions that affect the civil rights of others, such as students, parents, and school visitors.  Additionally, public school officials, like police, are considered government officials for the purpose of civil liability for constitutional violations, and as such, may be sued under Title 42 U.S.C. § 1983.  In order to establish liability [...]