As the prevalence of electronic control devices continues to increase among law enforcement agencies, the need for sound policy and training regarding these weapons becomes evident.  One important area involves the use of electronic control devices on young children.  At the outset, it is important to note that, in 1989, the United States Supreme Court, in Graham v. Connori, stated that there are three factors that should be considered when evaluating whether or not an officer’s use of force was reasonable under the Fourth Amendment.  Officers should therefore consider the following three factors when deciding to use force in any given [...]

As the prevalence of electronic control devices continues to increase among law enforcement agencies, the need for sound policy and training regarding these weapons becomes evident.  One important area involves the use of electronic control devices on young children.  At the outset, it is important to note that, in 1989, the United States Supreme Court, in Graham v. Connori, stated that there are three factors that should be considered when evaluating whether or not an officer’s use of force was reasonable under the Fourth Amendment.  Officers should therefore consider the following three factors when deciding to use force in any given [...]

I’m asked frequently whether you need to tape record and transcribe all interviews conducted during administrative or Internal Affairs investigations.  The simple answer is yes to taping and maybe on the on transcription.  Those agreements between the U.S. Department of Justice and local police agencies which address administrative investigations require that all interviews be not only taped, but also transcribed.  But that isn’t the common protocol in most police agencies. First let’s take the issue of tape recording these interviews.  You should tape record all interviews conducted during administrative investigations.  Today that really isn’t a burden with the availability of [...]

Marion v. City of Corydon, Indiana et al., No. 08-2592, 2009 U.S. App. LEXIS 6094 (7th Cir. Decided March 23, 2009) The Seventh Circuit Court of Appeals, in Marion v. City of Corydon et al.i, recently held that officers acted reasonably when they shot a suspect who was engaged in a high speed chase with the police.  This case began when officers approached Marion after he had shoplifted various items from a grocery store.  As police and store personnel took Marion, who had his baby in an infant seat with him, to the security office, he grabbed the baby and fled from the [...]

In Buckley v. Haddock,i the United States Court of Appeals for the 11th Circuit reviewed a denial of qualified immunity for an officer who faced a lawsuit based on his use of a Taser®. The court outlined the facts as follows: The plaintiff, Buckley was stopped for traffic violations and refused to sign the traffic citation, a violation of Florida law which allows for a custodial arrest. The court noted that [Buckley] pleaded no contest to one count of refusal to sign a speeding ticket and one count of resisting arrest without violence. “As the deputy started to walk with [Buckley] to [...]

In Buckley v. Haddock,i the United States Court of Appeals for the 11th Circuit reviewed a denial of qualified immunity for an officer who faced a lawsuit based on his use of a Taser®. The court outlined the facts as follows: The plaintiff, Buckley was stopped for traffic violations and refused to sign the traffic citation, a violation of Florida law which allows for a custodial arrest. The court noted that [Buckley] pleaded no contest to one count of refusal to sign a speeding ticket and one count of resisting arrest without violence. “As the deputy started to walk with [Buckley] to [...]