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    Persons with Disabilities

    Each and everyday, law enforcement officers throughout the United States come into contact with persons who are suffering from some disability. Some of these persons are suffering from a disability that would make them eligible for protection under the Americans with Disabilities Act (ADA). i Some of these individuals would not meet the criteria for protection under the ADA but do ...
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    Restraint of Autistic Student doesn’t Seize “Excessive Force” Standard

    A difficult issue in the school setting is use of force to control students and maintain a safe environment. This issue is more difficult when dealing with students who have disabilities that place them in special education. A recent case from Mississippi provides an example of how courts will analyze such uses of force under state law. In Pigford v. Jackson ...
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    Companion with Gun May Provide Reasonable Suspicion for Pat-Down

    In Rajaee El-Amin v. Commonwealth of Virginia, 2005 Va. LEXIS 17 (2005), the Supreme Court of Virginia considered the authority of a police officer to conduct a pat-down of a subject based upon their association with a subject found to be in possession of a firearm. While the court declined to adopt an "automatic companion" rule, the court found that the ...
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    The Shocking Truths about Lightning Deaths

    In the aftermath of a severe mid-summer thunderstorm, a rookie police officer is dispatched to the scene of a dead body. A citizen walking his dog has discovered the corpse of a young adult female in some bushes near a sidewalk. The woman appears to have been beaten and her clothing violently torn. The young officer believes he has encountered his ...
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    Use of Flash-Bang May Constitute Excessive Force

    In Boyd v. Benton County; City of Corvallis et al. 374 F.3d 773 (9th Cir. 2004), the United States Court of Appeal for the 9th Circuit held that the use of a flash-bang while executing a warrant may constitute excessive force under the 4th Amendment. The court then granted the involved officers qualified immunity because the law was not clearly established ...
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    United States Supreme Court: Anticipatory Search Warrant: United States v. Grubbs

    Anticipatory Search Warrant Valid Though Triggering Event Not Included in Warrant. The United States Supreme Court held that an anticipatory search warrant, that described the triggering event for execution in the affidavit, but not the warrant or the attached schedules that were given to the suspect at the residence, still met the particularity requirement of the 4th Amendment. United States v. ...
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    Supreme Court: Police Have No Liability for Failing to Enforce a Restraining Order

    A question that is often raised in law enforcement is whether there is any duty to protect citizens from the harm they suffer at the hands of a third party. For example, is a witness to a crime entitled to some protection by law enforcement so that no retaliation occurs; and, if the police fail to protect the witness and the ...
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    Supreme Court Update: ~ Qualified Immunity ~

    An individual officer’s greatest shield in a lawsuit that alleges a violation of civil rights is qualified immunity. A decision by the United States Supreme Court in December, further clarified the strength of this immunity. In Brosseau v.Haugen, 543 U.S.___; 2004 U.S. LEXIS 8275 (2004), the United States Supreme Court examined a case involving the use of deadly force by Officer ...
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    Use of Deadly Force Based on Perceived Threat

    Police officers sometimes subjectively perceive suspect action as a threat and react in accord with that threat. In many of these cases, the so-called “furtive” motion turns out to be simple movement and not a threat at all. Sample v. Bailey, 337 F.Supp.2d 1012 (N.Dist. Ohio 2004) provides a good example of how courts view these cases when deciding whether an ...
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    Retention of ID During a Consensual Encounter

    Golphin v. Florida, No. SC03-554 (December 14, 2006) The Supreme Court of Florida recently decided an important case regarding consensual encounters. In Golphin v. Florida , two police officers were on patrol in an area of Daytona Beach that is known for prostitution and narcotics traffic. The police officers were specifically in that area to conduct field interviews with individuals in ...
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    Scary Drawings—Difficult Decisions Scary Drawings—Difficult Decisions

    “This case highlights the difficulties of school administrators charged to balance their duty to provide a safe school with the constitutional rights of individual students when violence in schools is a serious concern,” wrote a federal appellate court judge in a Louisiana case, the appeal from which, the Supreme Court recently declined to hear. At the age of fourteen, and in ...
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    U.S. Supreme Court upholds canine sniffs of vehicles

    Illinois v. Caballes, 543 U.S. ___ (2005) In a 6-2 decision published Jan. 24, the Supreme Court ruled that a dog sniff conducted during a lawful traffic stop that reveals no information other than the location of an unlawful substance does not violate the Fourth Amendment. The case arose from a traffic stop made by Illinois State Trooper Daniel Gillette on ...
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    Unreasonable Frisk May Lead to Liability

    In Terry v. Ohio, 392 U.S. 1 (1968), the United States Supreme Court authorized police officers to stop and detain individuals where the officer had reasonable suspicion (some facts and circumstance but less than probable cause) to believe that the person to be stopped was involved in criminal activity. Officers were authorized to use force, short of deadly force to accomplish ...
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    Training/Documentation “Major Lesson Plan”

    As part of the Liability and Risk Management Institute’s continued effort to further manage the risk and reduce financial losses through lawsuits, each edition of the legal update will include a major lesson plan. This major lesson plan may be used as a method to conduct and document training. How does it work? Supervisors are provided with the legal update for ...
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    United States Supreme Court: Anticipatory Search Warrant: United States v. Grubbs

    Anticipatory Search Warrant Valid Though Triggering Event Not Included in Warrant. The United States Supreme Court held that an anticipatory search warrant, that described the triggering event for execution in the affidavit, but not the warrant or the attached schedules that were given to the suspect at the residence, still met the particularity requirement of the 4th Amendment. United States v. ...
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    Totally Disabled Parent Seeks Victim Status: Court: Pluto is less remote to us than the Plaintiffs argument

    Stephen Prescott believes that parents may think twice about attending their children’s school events if the law prevents them from successfully suing the school corporation after being injured on school property. The Connecticut Supreme Court recently heard and rejected Prescott’s argument, finding that schools owed students’ parents no special duty of care. Prescott was injured after his son’s Thanksgiving 1998 football ...
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    Reducing Liability by Subscribing to the Law Enforcement Legal & Risk Management Update

    The Law Enforcement Risk Management & Legal Update is a new periodical that provides timely updates on the law and trends impacting the law enforcement profession. The focus of this bi-monthly subscription service is the critical tasks that create liability for officers and their agencies. In addition to case summaries the reporter also includes a roll-call training section to be used ...
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    Supervisor Liable for Failure to Provide Medical Care?

    In a case with a fact pattern similar to Canton v. Harris, 489 U.S. 378 (1989), the United States Court of Appeal for the 6th Circuit concluded that a police supervisor was not entitled to summary judgment or qualified immunity where a woman in police custody had died. The case, Carter v. City of Detroit, 2005 U.S. App. LEXIS 9717 (6th ...
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    Tasers® and the Use of Force

    One of the more significant current issues in law enforcement’s use of force is the Taser® and its use. While many of the criticisms are focusing on cases where an officer uses a Taser® and the subject later dies, the more prominent cases are those where officers mistake their firearm for their Taser® and end up shooting the subject. Training from ...
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    Money Laundering Control Act

    § 1956. Laundering of monetary instruments (a) (1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity— (A) (i) with the intent to promote the carrying on of specified unlawful activity; or ...
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