Reports
(Updated: 02-27-2004)
New Case Law Info From John Chapman
Good traffic stop case (Terry) based on furtive movements -- subjects spot cops and swap drivers.
Read The Florida Court Of Appeals Decision By Clicking Here
Tapping on window of parked car = seizure for 4th amendment (on these limited facts) No reasonable suspicion for Terry found here.
Read The Maine Supreme Court Decision By Clicking Here
Man hit by cop stun gun dies; Chief delays new
Tasers for police. A 54-year-old man who police say screamed at them and
attempted to bite an officer's arm in a standoff on the 26th floor of a Lakeview
apartment
building died Thursday after police used a Taser stun gun to subdue him.
Read
The Case By Clicking Here
You have no doubt heard of this case.
Critical to the holding is that thepolice did not unnecessarily prolong the
stop. This case makes an excellent argument for rapid response canine
units. If the stop lasts longer than the
regulatory need, there may be problems.
Note the holding's implication -- you can do this absent PC (or else Carrol
doctrine would have been mentioned) or Terry.
Read
The Case By Clicking Here
Maine Labor Relations Board Rules on City of Augusta Bargaining Greivance
The Complaint alleges that the City of Augusta refused to bargain in good faith with the IAFF in violation of §964(1)(A) and (1)(E) of the Municipal Public Employees Labor Relations Law ("MPELRL") by entering into and adhering to parity pay agreements with the City's other bar- gaining units....
Read The MLRB Decision by clicking here
Attorney General Issues Report on State Police Shootings
1) Attorney General Steven Rowe announced today that a State Police officer, Sergeant Michael Edes, was legally justified when, while acting in the performance of his public duty......
Read the full report by clicking here
2) Attorney General Steven Rowe announced today that a State Police officer, Trooper John Hainey, was legally justified when he discharged four rounds from his service weapon......
Read full report by clicking here
Subsequent Consent Trumps Illegal Entry
Reported by John Chapman, MAP Critical Incident Attorney
This is a MAINE case.
Cop ILLEGALLY enters garage, and knocks on door to main house. MOM
LETA HIM IN!! He arrests drunk driver who just arrived home.
If he'd gotten
evidence in garage, big problem. Since he didn't, and the house was
separate, court denies motion to suppress. VERY GOOD discussion of
curtilage, usual access routes, etc. Read this
case.
Read the Maine Supreme Court's Opinion
Exigent Circumstances Case From Maine Supreme Court
Reported by John Chapman, MAP Critical Incident Attorney
I can see the exigency if incendiary tear gas was
used. However, the
decision sounds a bit broader than that.
See The Court Opinion at:
http://www.courts.state.me.us/opinions/documents/02me125le.html
Attorney General Issues Report on Westbrook Shooting
From John Chapman, MAP Critical Incident Attorney
This was used by the AG's office as an
alternative ground for justification.
It establishes, for talking purposes:
1) That LTL is "deadly force"
2) That creative, appropriate use of deadly force to prevent suicide is a
valid legal option.
See the Report at:
Calif. Family to Get $1M Settlement
Wed Jun 19, 9:14 AM ET
By JUSTIN PRITCHARD, Associated Press Writer
SAN FRANCISCO (AP) - Authorities will pay $1 million to the family of a battered woman killed by her estranged husband after sheriff's deputies allegedly failed to enforce a restraining order against him.
Sonoma County supervisors, without admitting either negligence or wrongdoing, approved the settlement Tuesday on the second day of a federal court trial. Payment will be made to the mother and three children of Maria Teresa Macias, 36, who was shot to death in April 1996.
"I have fulfilled my daughter's wish," said Macias' mother, Sara Hernandez, who was wounded in the attack by her son-in-law, Avelino Macias. He then killed himself.
The case established a legal precedent two years ago when a federal appeals court ruled Macias' family could try to prove the county sheriff violated equal protection of the laws by brushing off the abused woman's complaints because she was a woman, a Hispanic and a domestic violence victim.
http://story.news.yahoo.com/news?tmpl=story&u=/ap/20020619/ap_on_re_us/domestic_violence_liability_1
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While the tort claims act gives you some protection in questions of STATE liability, this was a federal case. In Maine, the officer SHALL arrest if there is PFA paperwork. A million bucks is a lot of money -- these cases should be taken VERY seriously.
For useful information and links, visit the MeAssocPolice yahoogroup web site at
http://groups.yahoo.com/group/MeAssocPolice
Marriage to a felon can effect your career
http://caselaw.lp.findlaw.com/data2/californiastatecases/b148574.pdf
The above deals with a termination of an officer based upon her decision to marry a felon. Most departments have a policy on contacts with badguys.
Interesting question about what happens to someone who becomes a felon after marriage.
Knock & Announce Rule Decision
Another decision of interest is: http.//www.kscourts.org/ca10/2002/12/024012.htm
| From: John
Chapman <jchapman@k...> Date: Wed May 22, 2002 3:31 pm Subject: Knock and announce rule |
I thought the fairly recent "knock and announce" case below might be of interest -- since it is in our Circuit. Presence of a gun, by itself, seems like it is not enough. http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=99-2120.01A But shoving the mouthy while directing traffic (although deplorable), doesn't implicate a constitutional right. http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1301.01A |
| From: John
Chapman <jchapman@k...> Date: Wed May 22, 2002 1:08 pm Subject: Huge verdict |
Death by police renders record award............................05/20/2002 Largest verdict in IN history, of $56.5M, was for recent civil rights case involving death in a jail's "drunk tank." Police deputies assaulted drunk prisoner; his family sued deputies and county. Deputies weren't indemnified and family may receive little of the award. National Law Journal, Nick Upmeyer |
Excellent Review for CONSENT SEARCHES
For a refresher on Consent Searches review the following case law:
http://caselaw.lp.findlaw.com/data2/idahostatecases/app/1027/buhler.pdf
Submitted by John Chapman jchapman@kellychapman.com