The Ninth Circuit Court of Appeals affirmed in part and reversed in part in a 2024 Las Vegas case where an obviously mentally ill man died after officers used their body weight on his neck and back to subdue him.
Court reinforces that the duration of a traffic stop is measured from the time of the stop until a driver is released or new reasonable suspicion is developed. The decision clarifies that pretextual stops are permitted under California Vehicle Code § 2806.5. Section 2806.5 requires only that the detainee be told why he’s...
An inventory search of a legally impounded vehicle must be limited to establishing an inventory of its contents – but a warrantless inventory search of a vehicle done specifically to look for evidence of criminal wrongdoing violates the Fourth Amendment, and any evidence found will be suppressed. The officer’s intent matters.
The Ninth Circuit’s decision in a Los Angeles auto-theft case restricts the use of high-risk vehicle stops based solely on an officer's belief that the vehicle is stolen, ruling that officers must have specific reasons to believe the occupants are dangerous. This ruling underscores potential civil liability for unnecessary ...
The court ruled that deadly force was reasonable given the circumstances, emphasizing the severity of the crime, whether the threat was immediate and the man’s resistance. His mental illness wasn’t relevant, the court said, and it ruled the officers are protected by qualified immunity.
The Ninth Circuit Court of Appeals has ruled that asking about a driver’s parole status during a traffic stop is a constitutionally valid safety measure. This decision affirms that such questions, directly related to officer safety, do not unlawfully extend the duration of a traffic stop.
Requiring a parolee to use a thumbprint to access their phone is lawful and does not breach Fifth Amendment rights. This practice is permitted under parole conditions. The court also ruled that the legality of a "security sweep" before a search warrant does not impact the warrant’s probable cause, as long as the sweep ...
The Third District Court of Appeal determined that searching a vehicle without probable cause is illegal. Additionally, once reasonable suspicion of criminal activity dissipates following the arrest of one group member, all other members must be released.
A new ruling defines the scope of resisting arrest by force or violence under 69(a) P.C. A defendant's threat with an unloaded handgun led to conviction, showcasing legal interpretations and officer restraint.
Learn about the contentious legality of inventory searches when an arrestee is released without booking. Dive into the pivotal case of United States v. Sapalasan (9th Cir. Apr. 1, 2024) and its implications on police procedures and individual rights.
