Police

News & Analysis as of

California Supreme Court Agrees to Decide Temp Disability Benefits for Police Officers

In the only civil review grant from last week’s conference, the California Supreme Court agreed to review the Third District’s decision in Larkin v. Workers’ Compensation Appeals Board. Larkin involves an issue of what...more

Third Court of Appeals Invalidates City’s Civil-Service Appeal Deadline

The Third Court of Appeals has reversed a summary judgment granted to the City of Killeen on the sole ground that a police officer’s administrative appeal to the City’s Civil Service Commission was untimely....more

Smile…That Officer Might Have a Camera!

The reality is this: police departments across California are increasingly considering using body cameras to assist officers in in their investigations, in the apprehension of dangerous criminals, and for one other very...more

BB&K Police Bulletin: DNA Samples

California Law Requiring Alleged Felons to Submit DNA Samples Found Constitutional - Overview: The Ninth Circuit Court of Appeals recently upheld a California law requiring that all persons arrested for, or charged...more

Milwaukee Official Attempts To Clarify City Position On Proposed Bill Regarding Police Custody Deaths

As previously reported here, the Wisconsin legislature is currently considering a bill that would require all deaths in police custody to be investigated by an outside agency. City of Milwaukee Fire and Police Commission...more

Officers Accused of Fraudulent Claims for PTSD after 9/11

More than 100 retired police officers, firefighters and correctional officers are being charged with Social Security disability fraud for allegedly faking the extent of their disabilities to unlawfully obtain disability...more

What's Pending on the Illinois Supreme Court's Advisement Docket?

As we near the opening of the March docket, it's time to take a look at the civil cases that are argued and pending for decision before the Illinois Supreme Court. The Court is quite up-to-date on its docket at the moment,...more

State Senator May Support Bill On Police Custody Deaths

As previously reported here, the Wisconsin State Assembly has passed a bill that would end the practice where law enforcement agencies investigate themselves after a death in police custody. Under the bill, a team of at least...more

Is An Officer’s Name Private?

On March 4th of this year, the California Supreme Court will hear Long Beach Police Officers Association v. City of Long Beach et al. (Los Angeles Times Communications LLC, Real Party in Interest). The Court will hear...more

Good Cop or Bad Cop: The Public’s Right to Know

As you may have learned through media reports or your favorite television cop show, allegations of misdeeds by police officers usually proceed through a police department’s “Internal Affairs” [“IA”] investigation process. ...more

License Plate Readers - A “Real-Time” Tool For Law Enforcement

Most people would agree the chances of solving a crime and catching a felon dramatically increase if law enforcement officials are armed with tools, such as license plate readers, which can scan thousands of license plates...more

Wisconsin Law Designed To Hold Officers Accountable For Deaths In Police Custody Never Used

Back in 1981, Ernest Lacy died in the back of a Milwaukee Police Department (“MPD”) wagon. Even though police officers denied striking Mr. Lacy, the medical examiner found more than 30 cuts and bruises on his body. In...more

Police Concern About Public Safety Sufficient To Justify Shutdown Of Speech At School

In a lawsuit arising out of a well-publicized incident in West Michigan, Agema v. City of Allegan involved a lawsuit by former Michigan State Representative David Agema and others against the City of Allegan and others...more

Scrutinizing A Law Enforcement Officer's Tactical Decisions Before Using Deadly Force

BB&K Attorney Tamara Bogosian Anaylzes Recent Court Decisions That Call for Monday Morning Quarterbacking - The U.S. Supreme Court made clear in the 1989 landmark ruling of Graham v. Connor that hindsight was not the...more

Wisconsin State Assembly Committee Approves Bill Regarding Deaths In Police Custody

Back in July 2011, Derek Williams died in Milwaukee Police Department (“MPD”) custody. Squad car video from the incident shows Mr. Williams struggling to breathe and begging MPD officers for assistance. ...more

Independent Audit of Fresno Video Policing Unit Released

A recent Fresno Bee article discusses an independent audit by a retired federal judge on the City of Fresno’s video policing program. This kind of thorough audit benefits law enforcement and privacy advocates by focusing on...more

BB&K Police Bulletin: Court Refuses to Narrow Definition of Penal Code Section 69

Conviction Under Penal Code Section 69 Does Not Require Proof Force Was Directed Toward or Used On Any Officer - Overview: Penal Code Section 69, in part, makes it a crime to knowingly resist, with force or violence,...more

Police Officers’ Rights Were Not Violated During Investigation Into Discharge of Weapon

Three police officers alleged their rights were violated during an investigation into the off-duty discharge of a weapon. The court of appeal held that the police officers’ rights were not violated because the investigation...more

Ordinance Authorizing Warrantless Inspections of Hotel Records is Unconstitutional

Motel owners challenged a Los Angeles Municipal Code provision requiring hotel guest records to be made available to any Los Angeles Police Department officer for inspection. The United States Court of Appeals for the Ninth...more

California Highway Patrol Officer Who Cannot Perform Activities Required Of All Officers Is Entitled To Disability Benefits Even...

A California Court of Appeal has found that the Board of Administration of the California Public Employees' Retirement System ("CalPERS") erred when it denied a California Highway Patrol ("CHP") officer disability benefits...more

SKS Attorney Testifies Before Wisconsin Lawmakers Regarding Proposed Law On Police Custody Deaths

Back in 2011, Derek Williams died in Milwaukee Police Department (“MPD”) custody. Initially, the Milwaukee County Medical Examiner ruled that Mr. Williams died of natural causes....more

BB&K Police Bulletin: Use of Deadly Force: Officers’ Pre-Shooting Conduct Included in the Totality of Circumstances Test...

Overview: Deputies shot and killed Shane Hayes inside his home. His daughter filed suit against the deputies and the county for excessive force, Fourth Amendment violations, negligent wrongful death and claims against the...more

BB&K Police Bulletin: Miranda Warnings and Temporary Detention

Handcuffing a Suspect During Investigative Detention Does Not Automatically Create a Custodial Interrogation for Purposes of Miranda - Overview: A California court of appeal recently held that investigatory questioning...more

Ninth Circuit: Officer Removed After Raising Safety Issues Does Not Have First Amendment Claim

If a public employee reports departmental-safety concerns to his supervisor, and the employee is removed from duty for raising those concerns, does the employee have a viable First Amendment retaliation...more

Top 5 Ediscovery Case Summaries - December 2013: Michigan: Court Allows the Production of Police Report Metadata to Criminal...

United States v. Tutt, 2013 WL 5707791 (E.D. Mich. Oct. 21, 2013). In this criminal case, the court granted the defendant’s subpoena duces tecum for the production of the arresting officers’ personnel files, internal...more

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