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Fernandez v. California: Removal of an Objector During a Consent Search

Last week, the United States Supreme issued a decision in Fernandez v. California[1] clarifying an earlier decision in Georgia v. Randolph, 547 U.S. 103 (2006), which held that when multiple individuals reside at a premises, if a physically present individual objects to a warrantless search of the residence, the police may not search the residence even if another occupant consents to the search. The […]

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The Path to Rebuilding a Police Department Takes ACTion: Accountability, Consistency, and Transparency

Written By: Chief Thomas Grimaldi, Bristol Police Department, Bristol, CT Every police department, at one time or another has had its low points. Some, more serious and more infamous than others. One only needs to look back into history books to identify police departments clouded by scandals. In 1971 the Knapp Commission uncovered corruption in New York City Police department, later chronicled in the

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Your Department Is Only as Strong as Your Weakest Supervisor

When you joined the department as a new officer your first taste of supervision was through the Sergeant. Most of us look at the Sergeant and say “that’s a good job.” If your experience is like mine I remember the supervisor saying, “don’t bother me unless someone dies.” That was twenty years ago and, unfortunately as you all have worked toward the rank of

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Stanton v. Sims: Constitutionality of Officer’s Warrantless Entry Based on a Misdemeanor

The United States Supreme Court released a decision on November 4, 2013 pertaining to the constitutionality of a police officer’s warrantless pursuit of a suspect into a home based on probable cause of the commission of a misdemeanor crime.[1] A ruling from the Supreme Court is important to clarify the standards applicable to search and seizure law. This decision identifies a conflict between the

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Private Emails Are Not So Private for Government Employees

For the purpose of providing guidance to Law Enforcement our firm is dedicated to spotting emerging trends and staying abreast of developing law as advances in the technological world merge with law enforcement practices. Back in 2012, we first started discussing the effect and influence of emerging technology, and the difficulties surrounding the use, search, and seizure of cell phones in the law enforcement

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Courts Limit Cell Phone Searches Incident to Arrest

Attorney Ken Wallentine Four years ago, in Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court took a sharp turn in the law of search incident to arrest.  The Court stepped back toward the two justifications for the search incident to arrest exception to the Fourth Amendment warrant requirement—preservation of evidence and officer safety—first definitively articulated in Chimel v. California, 395 U.S. 752

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Court Upholds Maryland Statute Requiring DNA Samples from Suspects Arrested for Violent Crimes : Maryland v. King

 Attorney Karen J. Kruger The United States Supreme Court recently ruled in favor of the State of Maryland in its opinion in Maryland v. King, a case that evaluated the constitutionality of the taking of a DNA sample from a person arrested, but not yet convicted of a serious crime. In the case before the Court, a 53-year-old woman was raped and robbed in

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Officer Involved Shootings – How Are Courts Analyzing the Use of Deadly Force?

On May 13, 2013, the United States Court of Appeals for the Ninth Circuit came down with a favorable opinion for law enforcement involved in a fatal “officer involved shooting” incident. The Court’s opinion is well thought out and analyzes and evaluates each step of the incident as it progressed, ultimately leading to the fatal shooting of the suspect. A case such as this

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Multiple Applications of Electronic Control Weapon(s): Attempt to Control or Punitive Measures?

In the past months, two different courts released decisions analyzing an officer’s use of an electronic control weapon in the context of the 4th Amendment and allegations of excessive force. Both of these decisions give insight into the manner in which courts are currently evaluating the use of the weapon, the facts and circumstances surrounding an arrest, and a comparison of the suspect’s behavior

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Supreme Court Supports Use of Canines as Sufficient Probable Cause

Florida v. Harris On February 19, 2013, the United States Supreme Court came down with its second decision issued on the same day involving the procedures and practices of law enforcement. This decision, however, is definitely one for the law enforcement “win column.” In fact, law enforcement drug detection dog handlers might want to consider throwing the United States Supreme Court a treat for

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