Shooting a Fleeing Suspect as a Fourth Amendment Seizure
Shooting a person with the intent to restrain as she is escaping constitutes a Fourth Amendment seizure even though the escape is successful. The reasonableness of the force used is subject to litigation pursuant to 42 U.S.C. § 1983.
Miranda Violations and Civil Liability
Failing to advise an in-custody suspect of his Miranda rights before interrogation exposes the offending law enforcement officer to potential federal civil liability for violating the Fifth Amendment, but only if the resulting statements are used in…
Police-Citizen Contacts on Less than a Reasonable Suspicion
Multiple police officers contacting persons on the street, with a police vehicle’s emergency lights activated, is likely to be classified as a detention. When that contact is based upon a citizen informant’s vague assertion that the contacted…
Deadly Force, the Fourth Amendment, and State Negligence Allegations
California’s negligence rules relevant to a police officer’s use of excessive force, which include the pre-use-of-force tactical conduct and decisions, are broader than required under the rules for finding a police officer’s use of excessive force…
Witness Tampering
For an attorney to tell a potential victim or witness to a crime committed, or to be committed, by the attorney’s client, to contact the attorney in lieu of the police risks prosecution for witness tampering.