In Landmark Case, 9th Circuit Rules Against Use of Deadly Force on Non-Threatening Armed Person
In a San Jose case, an appeals court reversed the trial court, ruling that deadly force against an armed man who posed no immediate threat violated his Fourth Amendment rights. The case underscores the need for clear commands and the principle that mere possession of a weapon is insufficient justification for lethal force.
Does it Violate Miranda to Have an Informant Question Suspect After He’s Invoked the Right to Counsel?
The Ninth Circuit recently took up the issue of using a jailhouse informant to gather information from a suspect who had already invoked their right to counsel. Miranda rulings over the years have explored this delicate balance, and we have a new case here that offers additional guidance.
Court Rules Short Movements During Robbery Not Enough for Kidnapping Conviction; Defendant Wins Appeal
In a recent San Bernardino case that clarifies important legal interpretations of the “asportation element” of kidnapping, the court ruled on whether moving a victim short distances in a home during a robbery meets the “substantial distance” requirement for the crime. This will be important in kidnapping charging decisions
Marijuana Case Brings Clarity on Open Containers in Vehicles and Whether a Warrantless Search is Lawful
An officer stops a car for illegally tinted windows. Teen driver is unlicensed and his 22-year-old passenger has a joint on his lap. Do you search the car? What’s your rationale? Is it legal since the passenger is 22? Is a joint an open container? Read on for these answers and more to use on the street or in the courtroom.
Ninth Circuit ruling limits Use of Deadly Force Immunity in a Knee to the Neck and Back Case
The Ninth Circuit Court of Appeals affirmed in part and reversed in part in a 2024 Las Vegas case where an obviously mentally ill man died after officers used their body weight on his neck and back to subdue him.
California Court Clarifies Rules on Prolonged and Pretextual Traffic Stops
Court reinforces that the duration of a traffic stop is measured from the time of the stop until a driver is released or new reasonable suspicion is developed. The decision clarifies that pretextual stops are permitted under California Vehicle Code § 2806.5. Section 2806.5 requires only that the detainee be told why he’s...
To Search or Not to Search: Case Explores When it’s Lawful to Search an Impounded Car and When it’s Not
An inventory search of a legally impounded vehicle must be limited to establishing an inventory of its contents – but a warrantless inventory search of a vehicle done specifically to look for evidence of criminal wrongdoing violates the Fourth Amendment, and any evidence found will be suppressed. The officer’s intent matters.
Ninth Circuit Limits High-Risk Vehicle Stops: New Potential Liability Risks for Police
The Ninth Circuit’s decision in a Los Angeles auto-theft case restricts the use of high-risk vehicle stops based solely on an officer's belief that the vehicle is stolen, ruling that officers must have specific reasons to believe the occupants are dangerous. This ruling underscores potential civil liability for unnecessary ...
Ninth Circuit Rules Deadly Force Justified in the Fatal Shooting of a Knife-Wielding, Mentally Ill Man
The court ruled that deadly force was reasonable given the circumstances, emphasizing the severity of the crime, whether the threat was immediate and the man’s resistance. His mental illness wasn’t relevant, the court said, and it ruled the officers are protected by qualified immunity.
Ninth Circuit Rules Parole Questions During Traffic Stops Are Constitutionally Valid
The Ninth Circuit Court of Appeals has ruled that asking about a driver’s parole status during a traffic stop is a constitutionally valid safety measure. This decision affirms that such questions, directly related to officer safety, do not unlawfully extend the duration of a traffic stop.