A McAlester news outlet is reporting that police officer Jerry “Jay” Lynn Gragg, Jr., 40, of Savanna, OK was arrested for sexually assaulting a motorist during a traffic stop in January 2017. According to the report,”[t]he allegation was if she would perform sex acts and/or allow him to perform sex acts, she would get out of…
This month the City of Checotah settled a case alleging its police officer unlawfully extended a traffic stop in violation of Rodriguez v. United States. In Rodriguez the Supreme Court held that police cannot prolong a routine traffic stop to conduct an investigation that is unrelated to the mission of the stop itself. In other…
Can a police officer violate the Fourth Amendment by shooting your dog? On Monday the Tenth Circuit joined a growing number of appellate courts that have answered the question in the affirmative. In Mayfields v. Bethards, two deputies left their patrol car, entered the Mayfield’s property without a warrant, approached the porch and shot their Malmute…
In an opinion released today in Wright v. Stanley, the Tenth Circuit held that a jury could find that two jailers acted recklessly when they placed an arrestee into an already overcrowded cell while they looked for another place for him. The inmates in the cell told the jailers that five minutes “won’t work.” After…
On Tuesday the Tenth Circuit issued its opinion in Estate of Reat v. Rodriguez, where a 911 operator continually failed to dispatch help to a motorist who was under attack. The operator actually instructed the motorist to return to the area of the attack, which resulted in the motorist’s shooting death. In detailing the facts,…
How long can police continue to use a Taser against a suspect? In a recent opinion from the Tenth Circuit, the court held that police must discontinue use of a Taser once a suspect is subdued. It further held the law in this regard is well-established. In Perea v. Baca, police responded to a 911 call about…
Can police ignore a “No Trespassing” sign planted in your front yard? What about twenty of them? Would ignoring the sign violate the Fourth Amendment’s prohibition against an unreasonable searches and seizure? The Tenth Circuit was recently called upon to answer this question in United States v. Carloss. In that case, police received a tip that…
Is lying to police about a driver’s conduct fairly attributable to employment duties as a parking enforcement officer? The Tenth Circuit was recently called upon to answer this question. In Schaffer v. Salt Lake City Corp., Diana Schaffer parallel parked in a no parking zone and ticketed by two parking enforcement officers. When Schaffer returned, the officers…
An encounter with police, a jailer, or any other law enforcement, can be a stressful experience, even for innocent people. Here are 10 rules to remember if you are ever approached by a police officer: Remain respectful Always maintain the high road. Anything you do that could be perceived as disrespectful (even if lawful), will…
Is it true that lie detector tests are not admissible evidence? The prevailing rule is that results of a polygraph are not admissible on the issue of credibility. Such a rule would jeopardize a suspects civil rights and presumption of innocence if the jury placed too much emphasis on the test results, which are subject…
