Use of Force in Subduing an Unruly Arrestee / The Use of Force and Civil Liability
A police officer’s use of force against a resisting arrestee must be “objectively reasonable” under the circumstances to be lawful, taking into account the surrounding circumstances.
Vehicle Searches and the Odor of Marijuana
With probable cause to believe a vehicle contains contraband or other evidence of a crime, the vehicle and any containers found therein may be searched without a search warrant.
Body Cavity Searches of Jail Inmates
Intrusive body cavity searches of jail inmates may be unlawful, depending upon the availability of a less intrusive means of determining whether the inmate is hiding contraband in her body.
Resisting Arrest
An officer’s illegal detention or arrest, and/or his or her use of unreasonable force, negates the necessary element of a resisting arrest charge per P.C. §§ 69 and/or 148(a)(1) that the officer acted in the performance of his or her duty.
Fleeing Misdemeanants and Hot Pursuits by Law Enforcement
The hot pursuit by law enforcement of a fleeing misdemeanant into his home, absent an exigency above and beyond the flight itself, violates the Fourth Amendment.