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Point of Law

Point of Law: Shooting at Moving Vehicles

In Orn v. City of Tacoma, the Ninth Circuit ruled that a case against officers who shot at a suspect’s vehicle and paralyzed the suspect can go forward.

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Point of Law: When is an Officer-Involved Shooting a Seizure?

The Supreme Court recently ruled on a New Mexico case that established when a use of force constitutes a Fourth Amendment seizure.

Point of Law: Using Pole Cameras for Surveillance

Your ability to use cameras to monitor suspects in publicly visible areas without a warrant was recently upheld in the First Circuit.

Point of Law: Training is No Laughing Matter

Trying to inject humor into police training, especially use-of-force training, can be a terrible mistake.

Point of Law: Excessive Force and Failure to Intervene

In Alston v. Swarbrick, Florida deputies faced potential claims of wrongful arrest, unreasonable use of OC spray, and "bystander liability."

Should Your Agency Resurrect the Use-of-Force Continuum?

When seconds mean lives and officers and other public safety professionals are responding from all directions, it's critical that someone shows leadership.

NY Police Unions Sue Over City's New Use-of-Force Law

The “diaphragm clause” of the law — which allows for DAs to bring a misdemeanor charge if an officer uses any move during an arrest that could limit breathing — “stands to criminalize the lawful use of force, (and) threatens both police and public safety,” the lawsuit reads.

Man Files First Amendment Violation Suit Against Colorado Officers

Sexton was watching officers distribute speeding tickets in the city's downtown area on January 30, 2019, when he began filming and yelling obscenities and insults at officers, including "F*** the police."

Point of Law: Using the Baton

Your agency's use-of-force policy needs to specify when the baton can be used, the legal justification for its use, and what to do afterward.

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Attorney for Fired Officer Charged in Death of George Floyd Files Motion to Dismiss Charges

The attorney said he will argue that the charges against Thao are not supported by probable cause. Prosecutors must prove that Thao knew former officer Derek Chauvin and others were going to commit a crime and “intended his presence or actions to further the commission of that crime,” the motion says.

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