Over the past few years, the use of Tasers® (electronic restraining/compliance device) has become more common among law enforcement agencies nationwide.  Recent literature indicates that “electronic control devices” are being used by 11,500 agencies, with approximately 260,000 of the devices deployed.i As the use of Tasers® becomes more prevalent, law enforcement agencies can expect claims to be made regarding their use.   As with any use of force, courts will look at three factors in determining if a particular use of force is objectively reasonable.  First, how serious was the offense that the officer suspected at the time the officer was in [...]

When the United States Congress enacted the federal Gun Control Act of 1968, the Act prohibited convicted felons from possessing firearms.  In 1996, Congress amended the Act such that it also prohibited persons who were convicted of a “misdemeanor crime of domestic violence” from possessing firearms.i  On February 24, 2009, the United States Supreme Court decided the United States v. Hayesii, in which the court was asked to decide the parameters of this 1996 amendment. In Hayes, in 2004, police officers responded to Mr. Hayes home in response to a call reporting domestic violence.  While at Hayes’ home, the police received consent [...]

Recently, the Court of Appeals of Georgia decided a case that serves as excellent refresher training in criminal procedure regarding execution of arrest warrants in third party premises, third party consent and the plain view exception to the search warrant requirement of the Fourth Amendment.  In Looney v. Statei, deputies received information that a woman, Ms. Croy, had an outstanding arrest warrant.  Additionally, they received information from Ms. Croy’s probation officer that she lived in a travel trailer at 2344 Noble Road. Three deputies, who included a lieutenant, went to the property and spoke to the person that they believed owned the [...]

On January 26, 2009, the United States Supreme Court unanimously decided, in Arizona v. Johnsoni, that an officer, who has lawfully stopped an automobile, may conduct a frisk of a passenger for weapons if the officer has a reason to believe the passenger is armed and dangerous.  The facts taken directly from the case are as follows: On April 19, 2002, Officer Maria Trevizo and Detectives Machado and Gittings, all members of Arizona's gang task force, were on patrol in Tucson near a neighborhood associated with the Crips gang. At approximately 9 p.m., the officers pulled over an automobile after a [...]

United States Supreme Court Changes Qualified Immunity Rules for Civil Rights Lawsuits Brought Against Law Enforcement Officers. On January 21st, 2009 the United States Supreme Court reached a unanimous decision in Pearson v. Callahan,  a case involving a lawsuit by a drug-dealer who had sued law enforcement officers for violating his Fourth Amendment rights after they made a warrantless entry of his home.  The Court described the facts of the warrantless entry as follows: The Central Utah Narcotics Task Force is charged with investigating illegal drug use and sales. In 2002, Brian Bartholomew, who became an informant for the task force after [...]

When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply. The United States Supreme Court summarized the facts in United States v. Herring as follows: “On July 7, 2004, Investigator Mark Anderson learned that Bennie Dean Herring had driven to the Coffee County Sheriff’s Department to retrieve something from his impounded truck. Herring was no stranger to law enforcement, and Anderson asked the county’s warrant clerk, Sandy Pope, to check for any outstanding warrants for Herring’s arrest. When [...]