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Ever since the U.S. Supreme Court made the Fourth Amendment exclusionary rule binding on the states in the 1961 decision in Mapp v. Ohio, thousands of published decisions from state and federal courts have applied the exclusionary rule to thousands of searches and seizures. It's no wonder the 50-year tidal wave of exclusionary decisions has left confusion and misunderstanding in its wake. Here are five areas of the law that seem to suffer the most in translation.
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Most lawyers hate surprises. Experienced trial attorneys are like producers of multi-act plays. We script out lines of inquiry, carefully order the exhibits we will use, and prepare for every foreseeable contingency. Yet far too often, those of us who represent or work with law enforcement are surprised by a critical piece of evidence that was not carefully assessed or a witness who was recently discovered that we did not plan for and had not interviewed or deposed.
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Contemporary laws pertaining to self-defense such as "Stand Your Ground" and the "Castle Doctrine" represent significant changes to the civil rights of Americans when it comes to defending themselves and others with deadly force. As a result, we have seen extraordinary changes in our criminal justice system. However, such laws are not without their controversy.
Read More →The point here is that when a police officer shoots and kills a dog, the reaction of the community is not really about the dog. It's about the owner's emotional loss.
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“My heart goes out to these dogs,” says trainer Brian Kilcommons, who is often called to assess the aggressiveness and socialization of pits. “These dogs are so maligned. They are tortured. They are fought. I cannot tell you how many of these dogs I have trained that make phenomenal pets.”
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While the mainstream media and many angry dog owners believe the sole responsibility for these tragedies should fall on the officer who pulled the trigger. Often times, the pet owners made mistakes or were even irresponsible in controlling and training their animals.
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If the owner or another person known to the dog is not available, you may be able to gain the dog’s acceptance by softening your approach. Dog experts recommend you stop moving toward the dog, assume a bladed stance sideways to the dog, and avoid eye contact, while talking to him in a strong, reassuring tone. This may have a calming effect that will allow you to safely conduct your business and leave.
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Some SWAT teams have become very adept at using non-lethal tools to neutralize the threat presented by dogs. Retired Cleveland SWAT entry team leader Robert O'Brien says that long before the Hells Angels case and its nearly $2 million in settlements his SWAT team always considered the presence of dogs in its planning. O'Brien's tool of choice for getting the dogs out of the way was the fire extinguisher.
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Your biggest fear in a dog shooting lawsuit is punitive damages. While compensatory damages are likely to be covered by your employer, punitive damages are probably coming out of your pocket.
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Riding in a waistband, the G&G Gold Line B813 is just as comfortable as I would expect from top-quality leather gear.
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