A roadblock used to stop a fleeing motorist (or bicyclist) constitutes a use of force and a Fourth Amendment seizure. Depending upon an evaluation of the totality of the circumstances, using a roadblock in such a manner may or may not involve an excessive use of force and a Fourth Amendment violation.
A must read for Prosecutors and Police Officers dealing with "DUI - marijuana" cases.
While public employees are immune from civil liability for damages caused in the use of emergency vehicles while responding to emergencies under V.C. § 17004, public entities are likely to be held civilly liable pursuant to V.C. § 17001
Gang-tackling a person in order to effect his arrest, when the person is neither resisting arrest nor attempting to escape, may constitute an excessive use of force.
Police officers using excessive force in making an arrest may be held civilly (if not criminally) liable. Failing to intercede in another officer’s use of excessive force also may also generate civil (and criminal) liability.
DUI checkpoints, so long as properly conducted, are constitutional. Requiring the driver of a car stopped at a DUI checkpoint to display his driver’s license is also constitutional. Using a minimal amount of physical force to arrest a driver with probable cause to believe he is driving without a valid driver’s license...
The use of social media by a public employee to denigrate minority religious groups may potentially subject the employee to internal discipline by his employer.
To be valid, a search warrant must reflect merely a “fair probability” that the items sought will be found in that location described.
Interrogating police officers have no authority to offer criminal suspects leniency in exchange for a confession.
Using a minor traffic offense as a pretext for making a traffic stop so that a more serious criminal offense can be investigated is lawful. However, absent developing at least a reasonable suspicion to believe that a more serious offense is being committed, a traffic stop cannot be prolonged past the amount of time it...
