This ruling looks at a detention where officers see a gun in the back of a car and handcuff a detainee, but otherwise lack probable cause to arrest him. The court explored whether using handcuffs converts a lawful detention into an illegal de facto arrest. Key context includes safety of the officer and public.
Court looks to 2011 case to determine an officer was not entitled to qualified immunity after shooting a suspect holding a knife to his own neck, even as he approached the officer. Legal Updates provides resources to help you understand previous rulings that raise the specter of potential civil liability on the job.
A new ruling from the Ninth Circuit brings the Fourth Amendment, timely medical care and qualified immunity into the equation of when a police officer must seek health care for a detainee or arrestee. Not doing so when a solo-crash drive had suffered a stroke delayed medical care that may have prevented lifelong injuries.
A lost and thirsty hiker sets three wildfires hoping to attract rescuers. As his food and water ran out and his condition worsened, he set a third. He was ultimately rescued but charged with several crimes. Did his “necessity defense” work? Read more inside to learn more about this rare defense, the trial and the appeals verd
Appellate Court upholds a Burglary 2nd conviction for a defendant who forcibly entered exterior, permanently mounted utility truck compartments. This ruling clarifies that breaking into secured areas like these is equivalent to forced entry into a vehicle, even if physically separate from the interior.
Home Page Summary In a split decision from December, the Ninth Circuit drills down on issues of deadly force, qualified immunity, whether a parent can claim loss of relationship after officers shot and killed their adult child. This case provides room for debate on whether the officers opted for deadly force too quickly.
In United States v. Steinman, the Ninth Circuit ruled that a traffic stop can be extended when reasonable suspicion of additional criminal activity arises. The Court upheld the seizure of a vehicle based on probable cause and affirmed that state officers can enforce federal law, reversing the district court’s decision to supp
Read more about this case concerning consensual entry when a co-resident doesn’t voice an objection. On appeal, the defendant also raised questions about whether the search of his person and surroundings, and the physical opening of his cellphone were constitutional.
An NFL star’s 2020 rape conviction was overturned after an appeals court ruled in January that the prosecutor’s arguments to the jury violated the state’s RJA, meant “to eliminate racial bias from California’s criminal justice system.”
Scenario: Suspect threatens victims with an unloaded gun. Can you charge 245? As usual with the law, the answer is: it depends. A new appeals court ruling discusses how even an unloaded firearm can yield an ADW charge, depending on several factors, including how readily available the ammunition is.
