Four years ago, in Muehler v. Mena, 544 U.S. 93 (2005), the Supreme Court held that mere police questioning on a topic unrelated to the initial reason for an otherwise lawful investigatory detention does not create a further seizure requiring a further legal basis. 10 scientific laws every person should know. Some ruled that an officers questioning must be strictly limited to the purpose of the traffic stop; others disagreed. ). Ken Wallentine is the chief of the West Jordan (Utah) Police Department and former chief of law enforcement for the Utah Attorney General. I think if this was the case he would not be at fault, if it happened differently then I can understand why he would be at fault. As someone who grew up in Switzerland and never even had to think about school shootings news like this always makes me ask myself how a school shooting is still happening. There is no way that they are just now noticing such corruption and trying to manage it now, in fact the officer of focus seems to have been caught doing acts of public indecent exposure, so why hasnt he been fired and put on the sex offender resigration list? Sign up with Facebook It was not reasonable to believe that the vehicle held evidence of Gants suspended driver license status. I'm sorry, what??? Do Not Sell My Personal Information. Shelter in place, but escaped out windows and over rooftops when possible. If the most appropriate response is an officer-involved shooting, then that's what should be done but not before trying less lethal options first. When arrested, Ventris and his girlfriend each claimed that the other did the shooting. This kid had 600 rounds! Spark a discussion. The Court stated that the sky will not fall after its ruling. Top Ten Most Important US Supreme Court Cases for Cops to Know!In this episode Dennis goes over the 10 most important U.S. Supreme Court cases that cops need. It should never come to the point where officers must decide between doing the right thing and giving up their careers. I think our officers should protect and stand more of a defensive way when that situation arises. Something that I have genuinely never thought about before. http://en.wikipedia.org/wiki/Tennessee_v._Garner. I received an e-mail from a reader who is also his department's Field Training Officer (FTO) with a great question. This could possibly apply to the LAPD as well. Abuse victims already have a difficult time coming forward about what happen to them, can you imagine having to speak out when your abuser is literally a cop? The Court has previously ruled that the theories of respondeat superior and vicarious liability cannot be employed to impose liability under Section 1983 or a Bivens action on a command or policy level official for the acts of their subordinates. The legal justification may come at the cost of a significant risk to the officers safety. The first five cases are discussed here, and the next five will follow in a second article. Examining the possibilities of abuse of power without the constraint of New Public Administration. Ashcroft v. Iqbal extends protection to law enforcement supervisors accused of acquiescing in discriminatory conduct by requiring plaintiffs to show the supervisors discriminatory purpose, and in use of force cases by requiring plaintiffs to show that the supervisors knew of and acquiesced in the use of force, and had a sadistic purpose in their actions. Considering that Gabby did show clear signs of being in an abusive relationship and the officers could have handled the situation better, I can understand why her family is filing a lawsuit. I think it's important to note that while this is a troubling trend, it's not necessarily a new one. I'm trying to put together a list of the ten cases that field training officers should know inside and out so that they can teach their trainees to know them inside and out. The United State Supreme Court will now decide whether the flawed warning was fatal to a valid interrogation. Interesting: List of United States Supreme Court cases, volume ^471 | Fleeing felon ^rule | Deadly ^force | James ^Fyfe, Parent commenter can toggle ^NSFW or ^delete. If you are unsure how to answer what happens if a suspect simply doesnt reply, read up on Berghuis v. Thompkins as well. It is horrible that this happened. This is really cool but I hope he got hazard pay! Gant holds that once the arrestee is secured, a search incident to arrest of the vehicle is lawful only when there is reason to believe that the vehicle holds evidence of the underlying crime on which the arrest is based. The marginal deterrence achieved through exclusion, on the other hand, would be small, since the prosecution is already significantly deterred when these uncounseled statements are barred from its case in chief. This isn't a matter of one or two people slipping under the radar -- 47 deputies were stripped of their guns. For the first time ever, the Supreme Court extended the good faith exception to the exclusionary rule for constitutional violations arising from an officers error and not merely a court workers mistake. Especially people in law enforcement. These may be costly to begin with but should have huge benefits in the long run. Other federal appellate courts have reached differing results on the application of the sex offender registration statute to persons convicted of sex crimes prior to its passage. I dont think its the officers fault if they are ordered to do something, just like in the military you listen to your superiors and they will get in trouble if they make the wrong call. The following is PoliceOne Columnist Ken Wallentine's take on the top cases of the 2008-2009 term (Arizona v. Gant, Arizona v. Johnson, Ashcroft v. Iqbal, Herring v. United States, and others) as well as his overview of cases already accepted by the Supreme Court for decision in 2009-2010. A unanimous Supreme Court has now resolved this important question. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.]. The army found that a lot of potential new recruits did not qualify because of obesity. That's a shame. . The first five cases are discussed here, and the next five will follow in a second article. As a reaction to that, this was overturned. Someone please show the screening methods they use for this department. Aside from being the legal limit in practically all states, a BAC of .08 percent is all authorities would need to charge that driver with a DUI, thanks to "per se" laws. If you have a gun and your attacker is less than 20 feet away your chance of survival goes down dramatically, especially if you are alone. I am not sure if this approach is beneficial or if this approach is just pleasing the locals of wanting something to be done for what had happened. The man's family say he will lose his eye as a result. Imagine being told that someone murdered you when you are still alive. The case is certain to generate substantial interest among law professors and constitutional scholars because the petition also asks the Supreme Court to entirely overrule the Slaughter-House Cases. I dont really have a problem with BYOD if there is a standard issue within the department. If you had to be watching your back every single day, you'd be quick to protect yourself regardless of the situation too. Two separate skills are involved. Both the majority justices and the dissent make excellent arguments, and you can see how this case could change based on who is serving on SCOTUS at the time. Growing an economy that size at that speed is a major accomplishment. The decision seems to signal that the Court wants to see the Exclusionary Rule applied for its original purpose: to deter police misconduct. Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), held that statutes requiring suspects to disclose their names during police investigations did not violate the Fourth Amendment if the statute first required reasonable and articulable suspicion of criminal involvement. The Court held: An officer's inquiries into matters unrelated to the justification for the traffic stop, this Court has made plain, do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop.. Just chilling at work Tennessee v Garner is something I would add, Hiibel v. Sixth Judicial District Court of Nevada. 4. mrjanuary 8 yr. ago. Iqbal claimed that he was beaten and called names. Other laws 1. A slender 5-4 majority held that the complaint failed to plead sufficient facts to state a claim for purposeful and unlawful discrimination. Clearly this isnt just a case of a few bad officers rather something which seems to be encouraged by the entirety of the department. The majority held that simply because a police officer approaches an individual and asks a few questions does not mean they are being detained, as long as the police do not convey a message that compliance with their requests is required.. The officer suspected that Johnson was armed and frisked him, feeling a gun. He claimed that Mueller and Ashcroft personally condoned his incarceration and incarceration of others based on their religious affiliation and ethnic origin. The temporary seizure of the vehicle occupants normally remains reasonable for the duration of the stop. 3. I was wondering more about this so I looked at another article that spoke about the incident between the couple and according to an advocate armed only with public knowledge, the police handled the stop appropriately. These cases tend to overturn legal decisions made with the creation of the Constitution and often lead to the creation of new laws or amendments. Situations like this emphasize the importance of proper gun control and training. Top Ten Laws You Would Create If You Ruled the World. One has to wonder whether the relationship lasted! 10. Ventris objected to this testimony on the ground that the police had violated his Sixth Amendment rights because Doser, acting as an undercover informant, had effectively interrogated him in the absence of his counsel and without a knowing and voluntary waiver of his Sixth Amendment rights. When you're dealing. Communicate beforehand: disperse! I am not sure what to say about this. It was important that the suspension be put in place because those parents are beyond upset over what they see as a failure by police to uphold their code of conduct and protect those kids. The officer continues to manipulate the item between his fingers until determines it to be crack cocaine. Were always surprised when we hear a fellow officer, especially a field training officer, unable to describe the details of. 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