Can Police Do a High-Risk Stop Just Because a Car Might Be Stolen?
A LoJack hit, cold plates, and a matching Suburban. Everything lined up and the car was not stolen. What the Ninth Circuit said about guns drawn on a property crime.
What is the Cat Out of the Bag Search?
Today’s question is, What is a cat out of the bag search? Is a private search a Fourth Amendment search? This ties in with private searches. Just to remind you, a private search is not a Fourth Amendment search. It does not have to be reasonable. We don’t care if it would offend the Fourth […]
Community Caretaking and Red Flag Laws
This is a commentary on Corniglia V. Strong, US Supreme Court, May 17, 2021. This is a massively, important case on two fronts. Number one: firearm confiscation and red flag laws. Number two: a little more guidance on the so called Community Caretaking Doctrine as it applies to homes. Why did officers enter a home […]
Can Officers Lie During Knock and Talks?
The question of the day is: Can officers lie during a knock and talk? The answer is, “Yes.” Certainly officers are not required to share all their inner secrets about an investigation with an occupant. So that’s not a problem. Courts have upheld deception during investigations for centuries. But I want to transition to another […]
Do Police Have a Duty to Protect?
An officer asks where the case is that says police have no duty to protect. It is DeShaney v. Winnebago County, and here is what it actually holds.
When Do Police Create a Special Relationship Duty?
A chief asks about forcing entry on a barricaded suicidal subject. There is generally no duty to protect, but two things create one. Custody, and an affirmative act that creates danger.
Losing Qualified Immunity
Today’s question is so important. It’s important to every single officer watching my videos and reading my blog. The question is, What happens if we lose qualified immunity? It’s on your mind, I know it is. And if you’ve already lost qualified immunity in some of the states like Colorado, New York and New Mexico, […]
Proper Use of Handcuffing
Let’s start with some case law. The Ninth Circuit has held that you are allowed to use handcuffs during an investigative detention or traffic stop, if you can articulate it. A good case on this is United States versus Taylor, Ninth Circuit 1983. They basically held that the use of handcuffs, if reasonably necessary, has […]