Civil Liability  Archives E-Newsletters

The purpose of our newsletters 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. The authors of this newsletter are current and former law enforcement officers and attorneys who defend civil rights litigation involving these same issues. Feel free to utilize the web site and provide feedback for the newsletter and future topics.

All of our newsletters are available in Adobe PDF format. Click here to download a free copy of Acrobat.

Issue 7 > October, 2009
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  ... read more >

Issue 6 > September, 2009
Qualified Immunity

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. ... read more >

Issue 5 > August, 2009
Arrest Warrants – Ramey Warrants and Reminders

It is important that police officers follow the procedural rules for making an in home arrest pursuant to a valid arrest warrant.  An arrest warrant sometimes referred to as a Ramey warrant, is necessary for an in home arrest absent ... read more >

Issue 4 > July, 2009
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 familiar “deer in the headlights”
look coupled... read more >

Issue 3 > June, 2009
148 ARRESTS AND WHY EVERYBODY HATES THEM

Law Enforcement hates 148 arrests because the DA’s Office never files on them. The DA’s Office hates 148 arrests because they can never get a conviction. In a 148 criminal charge, the police officer is the alleged “victim” and juries... read more >

Issue 2 > May, 2009
PAROLEE AND FOURTH AMENDMENT RIGHTS

The Ninth Circuit in Moreno v. Baca 431 F.3d 633 (2005) held that a parolee does not lose all Fourth Amendment rights by reason of his status as a parolee.  In that case, Moreno and a friend were walking down... read more >

Issue 1 > April, 2009
HANDCUFFING RESIDENTS OF A HOUSE DURING EXECUTION OF A SEARCH WARRANT

In Mueller v. Mena 125 S.Ct. 1465 (2005) the Supreme Court addressed an issue familiar to all law enforcement officers which is the detention of residents of a house in handcuffs during the execution of a search warrant... read more >

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