10 pages of legal reasoning underlies an Oregon court’s ruling on a public urination case
Crime of Offensive Littering or “When You Gotta Go, You Gotta Go”
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Category: Legal/Case Law
False Arrest Claim Fails When Officer Threatened with Death
Although the officer was cleared, this complex case holds a valuable legal lesson
Repeated TASER Device Applications Didn’t Rise to Excessive Force
Court grants summary judgment to officer following confrontation with armed, screaming, drug-influenced man
Officer Reasonable Belief Protects Against Nosy, Nose-less Assailant
It’s not Voldemort, but this assailant is now also missing a nose.
Execution by Rapture? First Possible Execution by Nitrogen-Induced Hypoxia
The “rapture of the deep” has never been used as a method of legal execution. Will this be the first?
“Don’t Sleep in the Subway, Darling” . . . And Do Not Arrest Sidewalk Sleepers in Violation of the Eighth Amendment
The Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.
No Qualified Immunity for Officer’s Conduct with Sexual Assault Victim
An officer’s conduct with a sexual assault victim “shocks the conscience.”
Free Game for a Sniff: No Fourth Amendment Violation for K9 Sniffing Car in Public Parking Area
An officer may search a vehicle without a warrant if there is probable cause to believe it contains evidence or contraband, and the officer may search anywhere the contraband could reasonably be hidden.
Liability Associated with Failure to Conduct Fire Department Background Checks
The bar to hold a department liable is quite high, but regardless, the focus should be on preventing harm
Learning from Leeroy Jenkins: The Importance of a Law Enforcement Incident Action Plan
An officer’s willingness to think, slow down and communicate is key to avoiding a tragedy
False Facebook Friend Yielded Genuine Admissible Evidence
A federal felon claims illegal search after posting images of himself with guns to Facebook.
Cruel and Unusual Punishment from Secondhand Smoke?
Despite deliberate indifference to a prisoner’s needs, punitive damage awards were reversed in this case.