©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On July 13, 2016, the Court of Appeals of Georgia decided State v. Hill[i], in which the court discussed whether a person has a reasonable expectation of privacy in the phone number, name and birthdate associated with their cellular phone. The relevant facts of Hill, taken directly from the case, are as follows: A law enforcement officer, who was the only witness at the hearing on Hill's motion to suppress, testified that on June 1, 2014, he investigated a taxi cab driver's claim that a man had fled without paying his [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) Law enforcement agencies vary widely on the extent to which they allow officers to have or display tattoos while on-duty. It seems that tattoos are also becoming more prevalent or mainstream in society today which may create a recruiting problem for law enforcement agencies that prohibit or strictly regulate tattoos. There is largely an absence of case law that can be used as legal guidance on this issue. However, one such case that does address the constitutional boundaries under the First Amendment regarding tattoo policies at a police department [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On May 15, 2017, the Eighth Circuit Court of Appeals decided Dooley v. Tharp[i], in which the court discussed whether an officer violated the Fourth Amendment when he shot and killed a man whom he thought was attempting to point a rifle at him although the man may have been trying to drop the rifle. The relevant facts of Dooley, taken directly from the case, are as follows: At approximately 11:00 on that clear October morning, a 911 dispatcher in Keosauqua, Iowa, received a call reporting that a man dressed in [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On May 4, 2017, the Eleventh Circuit Court of Appeals decided Yates v. Cobb County School District et al.[i], in which the court discussed whether the school district, school resource officer and other school officials were entitled to immunity from civil suit after the arrest of a disorderly parent. The relevant facts of Yates, taken directly from the case, are as follows: Yates's claims stem from an incident during a freshman advisement event at her daughter's high school. Yates became frustrated with the efficiency of the event and, in expressing her [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On May 19, 2017, the Eleventh Circuit Court of Appeals of decided Jones v. Fransen et al.[i], in which the court discussed whether immunity is appropriate regarding alleged excessive force when a police canine bites a non-resistive suspect and will not release on command. The relevant facts of Jones, taken directly from the case, are as follows: [T]his case began when Jones and his girlfriend broke up. Following the split, on July 6, 2013, Jones's ex-girlfriend called 911 to report that Jones had broken into her apartment and was carrying a [...]

©2017 Lou Reiter, Director, Internal Affairs, Legal & Liability Risk Management Institute (www.llrmi.com) “The complaint process should not discourage, dishearten, or intimidate complainants, or give them cause for fear” (Internal Affairs Guidelines, 2008, 10) A complaint is an expression of displeasure with the actions or services of an agency and/ or its employer, or an allegation of wrongdoing. Receipt of a complaint will initiate the Internal Affairs process, so a procedure for complaints must be established. “It is imperative to not only have procedures in place for fairly and impartially accepting, processing, and investigating complaints concerning allegations of employee misconduct but [...]