Civil Liability  Archives E-Newsletters

Volume 1 Issue 8 > June 6, 2005
Dogs and the fourth amendment during a car stop

On a slow day-shift 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 that all too familiar “deer in the headlights” look, coupled with a double take at the officer and the glimmer of sweat. The officer also notices that this particular vehicle and its driver scream parolee at him, although he is not sure why.
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Volume 1 Issue 7 > May 16, 2005
Use of force at the jail and differences from those outside of jails

Uses of force in a jail setting are distinctly different than force used in the field. The ability to defend these incidents is much more difficult. This may be because jurors consider the jail as a controlled environment. It is difficult to convince jurors of the risks in a jail, and the mentality of the inmates. Working in a jail is a world unto its own, a different atmosphere, not easily conveyed to a jury.
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Volume 1 Issue 6 > March 23, 2005
148 arrests are always a problem

Most law enforcement department lets IA or Professional Standards act as liaison to legal counsel in civil litigation. Think of how that works with an officer for your agency. IA is usually investigating officer misconduct. So you have the same department that looks at officer behavior for discipline in one case and in another working to protect the department and officer in a civil lawsuit.

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Volume 1 Issue 5 > March 11, 2005
Every law enforcement agency needs a Civil Liabilities Department

Law Enforcement hates 148 arrests because the DA’s Office never files on them. The DA’s Office hates them because they can never convict anyone. Juries hate them because they see it as nothing more than a “contempt of cop” arrest. Remember you are the alleged “victim” and juries have a hard time translating that into a conviction. Isn’t some delay and some verbal abuse part of your job?
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Volume 1 Issue 4 > February 14, 2005
Arrest warrants and Ramey warrants refer to entry into a home

Oftentimes police officers forget the procedural rules for entry into a home for purposes of making an arrest with an arrest warrant. An arrest warrant or as it sometimes is referred to as a Ramey warrant is necessary for the arrest absent exigent circumstances. A Ramey warrant is a reference to the case of People v. Ramey, (1976) 16 Cal.3d 263, 545 P.2d 1333, 127 Cal.Rptr. 629. In Ramey, police had probable cause to arrest Ramey for certain crimes and entered his home to effect the arrest without a warrant.
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Volume 1 Issue 3 > January 31, 2005
The Problem with Overcharging

Every Peace Officer is taught early on in his/her career to charge someone with the highest possible crime upon arrest, and then let the District Attorney’s Office figure out the precise crime to prosecute. Generally, there is nothing wrong or unethical with such practice as long as there is probable cause to believe the suspect committed the crime that he was arrested and charged with.
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Volume 1 Issue 2 > January 15, 2005
Qualified Immunity is a defense from suit

Oftentimes we are asked questions about this subject and it is difficult to explain for the officer on the street so he or she can have an understanding that their conduct is lawful and protected from needless litigation in court. So what is qualified immunity and what does it mean to a law enforcement officer? Qualified immunity is one of the hardest concepts for law enforcement officers to understand (along with federal judges and most lawyers).
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Volume 1 Issue 1 > January 1, 2005
A newsletter dedicated to law enforcement officers and professionals who defend law enforcement officers and departments

The purpose of this newsletter is to offer a discussion of problems and solutions for the myriad of issues facing law enforcement officers today. The issues facing law enforcement are diverse and all too often result in civil litigation against the officer and the department.
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