In our continuing discussion of the use of deadly force, qualified immunity and civil liability of municipalities, we examine a recent appeals court ruling in a Los Angeles shooting in which an officer fired multiple volleys of shots as an armed subject approached, but was still more than 40 feet away.
Recent appeals court ruling highlights the criteria officers need to consider when approaching someone in what may become a detention instead of a consensual chat. Rule of thumb: in the totality of the circumstances, would a reasonable person believe they are free to leave?
Questions asked during a lawful traffic stop in the normal time it takes to issue a citation do not unlawfully prolong the traffic stop, while placing an undercover officer in a suspect’s jail cell to record the suspect’s incriminating statements is lawful.
While lawful possession of marijuana in a vehicle doesn’t provide probable cause for a search, unlawful possession does. In this case, the driver was a minor, and it is unlawful for him to have any amount of recreational marijuana. So, is the passenger’s blunt a “container” in the legal sense?
A new decision just out this year determines that prior acts of domestic violence can be admitted as predisposition evidence, and, importantly, may be proven by certified court records rather than through the in-court testimony of a victim.
An appeal decided in March 2024 argued that the word “vehicles” only means multiple vehicles. The defendant claimed since his case only involved a single stolen vehicle, the law didn’t apply. Novel argument – but sometimes those work. What do you think the judges ruled?
A 2023 attempted murder conviction was reversed on appeal and sent back to trial court after the defendant showed the prosecutor used racially biased and racially coded language in the case. The RJA took effect in 2021 with the intent of ensuring race plays no role in seeking or obtaining convictions or in sentencing.
The use of “biometrics” such as fingerprints to force the opening of private devices can raise multiple Constitutional arguments, reminding detectives to be precise in search warrant requests to assure admissibility of evidence seized after a defendant is compelled to unlock a private device.
Unanimous California High Court decision says police officers cannot detain someone simply because that person tries to avoid interacting with them, noting that many people of color perceive that engaging with police at all, even in innocuous ways, risks their safety. The ruling differs from a U.S. Supreme Court decision.
This issue is related to another just-published article exploring Fourth Amendment Waiver searches. Diverting from the “mission of the traffic stop” to investigate other, unrelated potential criminal violations may convert an otherwise lawful traffic stop into an illegally prolonged detention.
