Tag Archives: law enforcement
SO YOU ARE A DEFENDANT IN A CIVIL ACTION
by Dennis E. Wagner, Esq. In the course of doing your job as a law enforcement officer, you will be sued for doing your job. Being sued as a defendant is much different than being the star witness for the prosecution … Continue reading
Posted in Uncategorized
Tagged court, Defendant, Law, law enforcement, Law enforcement officer, Lawsuit, Plaintiff, United States
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USE OF DOGS DURING TRAFFIC STOPS
Suppose a police officer from a small town in California observes a vehicle pass him in the opposite direction with no front license plate. The officer also notices that as the driver goes past him he has the all too … Continue reading
Probable Cause Can Still be Determined as a Matter of Law
by Dennis E. Wagner, Esq. The Ninth Circuit recently reversed the denial of qualified immunity for a law enforcement officer for arresting a suspect for allegedly sexually molesting a 10-year old female student. The case, John v. City of El … Continue reading
Posted in Probable Cause
Tagged Arrest, California, child abuse, Devenpeck v. Alford, DIstrict Attorney, Hansen v. Black, John v. City of El Monte, Law, law enforcement, Ninth Circuit, Peng v. Penghu, probable cause, Prosecuting Attorneys, qualified immunity, San Francisco, United States
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Failure to Intervene/Bystander Officer Liability
by Risa S. Christensen, Esq. You’re one of the good guys. You understand and respect that violating someone’s civil rights is a serious thing, and you take seriously your duty to protect and serve. But what if you are partnered … Continue reading
Posted in Officer Liability
Tagged 42 U.S.C. § 1983, Bonvicino, bright line test, civil liability, civil rights, excessive force, exigent circumstances, Federal Court, flash bang device, Law, law enforcement, Legal liability, officer, police, Police brutality, Police officer, probable cause, suspect, United States Court of Appeals for the Ninth Circuit
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HEALTH AND SAFETY CODE SECTION 11550
by Dennis E. Wagner, Esq. Every law enforcement officer deals with this issue. The suspect is under the influence of narcotics. Let’s assume that you have probable cause to stop a vehicle for erratic driving. Upon contact with the driver … Continue reading
Posted in Narcotics
Tagged Arrest, blood draw, booking, constitution, court, health & safety code, law enforcement, narcotics, probable cause, under the influence
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A REVIEW OF THE DIFFERENCE BETWEEN THE EMERGENCY AND EXIGENCY EXCEPTIONS
by Risa Christensen, Esq. As we have said many times in these blogs, our courts maintain that the protection of individuals from unreasonable government intrusion into their houses remains at the very core of the Fourth Amendment. This is why … Continue reading
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