Civil Rights
City settles case of extended stopPosted in Civil Rights,Latest News on June 29, 2016
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… read more…
Court: Fido is an “effect” under the FourthPosted in Civil Rights,Latest News on June 21, 2016
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… read more…
Court: Jury Could Conclude Jailers Acted RecklesslyPosted in Civil Rights,Jails and Prisons,Latest News on June 2, 2016
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… read more…
Court: “Law not clearly established”; refuses to clarify lawPosted in Civil Rights,Latest News on June 1, 2016
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,… read more…
Court: police can’t taser subdued arrestee; impacts Oklahoma lawPosted in Civil Rights,Excessive Force,Latest News on April 12, 2016
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… read more…
No Trespassing sign won’t keep police off your yard. Will a Moat?Posted in Civil Rights,Latest News on March 21, 2016
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… read more…
The lying meter maid, its not a federal casePosted in Civil Rights,Criminal Law on March 9, 2016
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… read more…
10 Commandments of Police/Citizen EncountersPosted in Civil Rights,Criminal Law,Excessive Force,Jails and Prisons,Latest News on March 8, 2016
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… read more…
Court: lie detector test may be admissiblePosted in Civil Rights,Criminal Law,Latest News on February 16, 2016
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… read more…
5 Things Victims of Excessive Force Should DoPosted in Civil Rights,Excessive Force,Jails and Prisons,Latest News,Negligence on February 15, 2016
If you’re the victim of excessive force, and you want to hold the person responsible for your injuries accountable for their actions, here’s a list of five things you should do immediately afterwards: Get immediate medical attention for your injuries Before doing anything, the victim of excessive force should have their injuries evaluated by a… read more…