More on Prolonged Detentions: Careful Not to Stray from the ‘Mission of the Traffic Stop’
This issue is related to another just-published article exploring Fourth Amendment Waiver searches. Diverting from the “mission of the traffic stop” to investigate other, unrelated potential criminal violations may convert an otherwise lawful…
Fourth Amendment Waiver Searches: Don’t Prolong a Detention Beyond Why You First Stopped a Driver
A 2023 appellate case from Sacramento illustrates problems when an officer prolongs a detention during a traffic stop by asking about other possible criminal activity first, before discovering a subject’s Fourth Amendment probation waiver and…
Can You Detain Non-Suspects with No Reasonable Suspicion to Believe They Are Involved in a Crime?
Scenario: potential school shooting threat. Parents of possible suspect are uncooperative as to their son’s whereabouts. How much force can you employ to detain them? Are you protected with qualified immunity if it goes sideways? A Sacramento…
Appeals Decision Remands Case Against Deputy Charged with Filing False Report
Video evidence tells a very different story than what this deputy and his partner wrote in their reports of a suspect’s chase and arrest. An appeals court decision in February allows the case to proceed to trial on the charged offenses.
New Decision Rules on Constitutionality of Fixed-Camera Monitoring in Public
In a January appellate decision, the court compared the intrusiveness of fixed cameras throughout a city capturing public movements and cellphone and aerial surveillance compiled while tracking an individual’s movements over a length of time. Big…