California Police Deadly Force Statute: Law or Guidance?
By: Caleb Saggus The California State Legislature recently enacted a criminal statute aimed at police officer use of force, which went into effect January 1, 2020 (Assembly Bill 392). Prior California state law permitted an officer to use reasonable force to effect an arrest and deemed a homicide justifiable when necessarily committed in arresting a…
California Attempts to Change Standard of Liability for Use of Force Claims
By: Sara Brochstein Earlier this month, California enacted a new measure that goes into effect in 2020 altering the use of deadly force standard for law enforcement officers. The law was originally introduced in response to the March 2018 shooting of Stephon Clark in Sacramento. The new standard dictates that the use of deadly force…
“Sanctuary Cities” Get a Reprieve For Now
By: Pamela Everett As many city, county and state attorneys are aware, in 2017 the US. Department of Justice (DOJ) added three conditions to the application process for the Edward Byrne Memorial Justice Assistance Grant (“Byrne JAG”) program in an effort to eliminate so called sanctuary cities. The Byrne JAG program originated from the Omnibus…
Are We Witnessing the End of Qualified Immunity?
By: Sun Choy For many decades, qualified immunity has served as a powerful defense to end civil cases against public officials, including law enforcement officers for the alleged use of excessive force. Given the many high-profile deaths involving the use of force by officers, progressives have again called for the end of qualified immunity. Even…
Does the Fourth Amendment Allow a Forced Blood Draw After a DUI Arrest?
By: Sun Choy The Supreme Court will answer this question in Missouri v. McNeely. It is well established that the Fourth Amendment allows a warrantless search under exigent circumstances. During the oral argument last week, the Court suggested that increased technology may diminish the need for warrantless searches. With advancements in instant communications, a warrant…
Federal Judge Gives Green Light to “Show Me Your Papers”
By: Kelly Morrison Last week, federal Judge Thomas Thrash signed an order authorizing the immediate enforcement of “show me your papers”— also known as Section 8 of Georgia’s controversial immigration law. Section 8 allows law enforcement officials to verify the immigration status of criminal suspects who fail to produce proper identification. The ruling was a…
Use of Drones in Law Enforcement – A Good Idea?
By: Sun Choy
USA Today recently reported that the International Association of Chiefs of Police issued advisory guidelines for the use of drones by law enforcement. While the number of drones in use is relatively low, the IACP anticipates the increased use of drones as costs come down. Not
"Show Me Your Papers" Upheld by Arizona Federal Judge, Echoing Georgia Ruling
By: Kelly Morrison
A federal judge ruled Wednesday that Arizona authorities can enforce the most contentious section of the state’s immigration law, which critics have dubbed the “show me your papers” provision.
The ruling by U.S. District Judge Susan Bolton clears the way for police to carry out the 2010 law’s
Extreme Limits of Protected Speech for “Symbolic” Nudity?
By: Sun Choy
A Portland judge recently ruled that a man who stripped naked at an airport to protest TSA screening is not guilty of indecent exposure charges, because “symbolic” nudity is protected free speech under Oregon law. As reported by The Portland Mercury, “the judge determined that [the defendant’s] derobing was a