Appeals Ruling Clarifies What’s Needed in a DNA-Related Search Warrant Affidavit
An appeal decided in May involves a 1980 rape and murder case in which detectives used DNA recovered from trash, other background investigation and investigative genealogy to identify a suspect. The defendant argued the search warrant was…
California Supreme Court Limits Absolute Immunity for Public Employees’ Actions During Investigations
In a narrow ruling, the state Supreme Court unanimously determines that Government Code Section 821.6 does not provide law enforcement officers with absolute immunity, without a subsequent judicial proceeding.
New Ruling in Rape Case Helps Define “Increased Risk” in Aggravated Kidnappings
In this Case Alert, we explore the significance of a new ruling in a rape case where the defendant moved the victim a short distance, and under what circumstances such movement is great enough to meet the bar to secure an aggravated kidnapping…
New Appellate Decision Clarifies Legal Use of Cuffs and Firearm During a Detention
In this Case Alert, we discuss an Arizona lawsuit that has resulted in an appeals court ruling that clarifies whether a police officer’s use of firearm and handcuffs in the detention of a person suspected of preparing to commit a dangerous felony is…
Circuit Court Rules on the “Danger Doctrine” and How it Applies in Civil Cases
Court affirms the dismissal of a civil lawsuit filed after a young man was killed in Seattle during sometimes-violent protests that city officials allowed to continue. Ruling says a state-created danger must be specific to the plaintiff, not just…