Legal Update Archive2018-08-06T22:11:41-04:00

SUPREME COURT UPDATE: LANGE v CALIFORNIA – HOT PURSUIT OF A FLEEING MISDEMEANOR SUSPECT DOES NOT ALWAYS JUSTIFY A WARRANTLESS ENTRY INTO A HOME

On June 23, 2021, the Supreme Court of the United States decided Lange v. California.[i]  The issue before the court was whether the pursuit of a fleeing misdemeanor suspect categorically allowed the police to enter the suspect’s residence without a warrant.  The relevant facts of Lange, taken directly from the case, are as follows: This case began when petitioner Arthur Lange drove past a California highway patrol officer in Sonoma. Lange, it is fair to say, was asking for attention: He was listening to loud music with his windows down and repeatedly honking his horn. The officer began to tail [...]

By |August 23rd, 2022|Categories: Legal updates|

THIRD CIRCUIT GRANTS IMMUNITY FOR OFFICERS IN SUIT FOR UNLAWFUL WARRANTLESS ENTRY AND FALSE ARREST

On June 3, 2021, the Third Circuit Court of Appeals decided Cost v. Borough of Dickson City[i], which serves as an excellent review of the law related to reasonable suspicion required to detain a person.  The relevant facts of Jones are as follows: On the evening of September 3, 2016, Renee Giedieviells, who lived across the street from Plaintiffs, heard yelling from Plaintiffs' home. After hearing a woman yell "Help!", Ms. Giedieviells called 911 to report the situation and said that she believed children were inside. App. 357. The Dickson City Police Department dispatched Ranakoski and McMorrow to Plaintiffs' home. [...]

By |August 16th, 2022|Categories: Legal updates|

SEVENTH CIRCUIT UPHOLDS DELAY IN TRAFFIC STOP WHERE OFFICER FORGOT TO REQUEST INSURANCE INFORMATION

On June 11, 2021, the Seventh Circuit Court of Appeals decided the United States v. Gholston[i], which serves as an excellent review of the law related to unreasonable delay by an officer during a traffic stop.  The relevant facts of Gholston, taken directly from the case, are as follows: Officer Cowick had long suspected that Gholston was distributing large quantities of methamphetamine from his truck. Cowick had an informant, Taylour Toolate, who occasionally provided information about criminal activity in Quincy, Illinois. On one occasion at an unspecified time, Toolate informed Cowick that she believed that Gholston was about to pick [...]

By |August 8th, 2022|Categories: Legal updates|

THIRD CIRCUIT DISCUSSES WHEN IT’S REASONABLE TO EXPAND A TRAFFIC STOP

On June 11, 2021, the Third Circuit Court of Appeals decided the United States v. Segovia[i], which serves as an excellent review of the law related to legal requirements for questions that are unrelated to the purpose of a traffic stop.  The relevant facts of Segovia are as follows: In November 2018, Gonzalez Segovia was driving eastbound on Interstate 78 in a black Ford Expedition when he was stopped by Pennsylvania State Trooper John Stepanski. After following Gonzalez Segovia for several minutes and seeing him drive too close to a large commercial truck, Trooper Stepanski initiated the stop at mile [...]

By |August 2nd, 2022|Categories: Legal updates|

THE PITFALLS OF RELYING TOO MUCH ON STATE AND CONSTITUTIONAL CASELAW. WHY AGENCY POLICY, INTENSE ANALYSIS OF CRITICAL INCIDENTS, AND EMPLOYEE MISCONDUCT IS MORE IMPORTANT.

By Lou Reiter, LLRMI Co-Director and Director of the Public Safety Internal Affairs Institute The U.S. Supreme Court and the other Federal courts have been good to law enforcement.  Their decisions have saved local police jurisdictions a lot of money when cases are dismissed for a variety of legal reasons; most don’t survive the critical review by these courts.  But these cases have done little to safeguard officers and the subjects they encounter during police activities.  Law enforcement agencies that rely only on state law protections and caselaw guidance in the development of policy and training are doing a disservice [...]

By |July 25th, 2022|Categories: Legal updates|

DC CIRCUIT UPHOLDS RAS TO STOP MAN IN VICINITY OF SPOTSHOTTER ALERT

On June 15, 2021, the Fourth Circuit Court of Appeals decided the United States v. Jones[i], which serves as an excellent review of the law related to reasonable suspicion required to detain a person.  The relevant facts of Jones are as follows: On the night of April 6, 2019, the Metropolitan Police Department (MPD) alerted police officers Jasmine Turner and Brianna Ennis that its ShotSpotter system had identified the sound of gunshots in the 3500 block of 13th Street Southeast in Washington, D.C. Appellant's Appendix (App.) 38-39. ShotSpotter is "a surveillance network of GPS-enabled acoustic sensors" that "use[s] sophisticated microphones [...]

By |July 19th, 2022|Categories: Legal updates|
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