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It's the Law! - Updated, March 1, 2017 - Can a cop really do that?

Public employees are “the members of a community most likely to have informed and definite opinions” about a wide range of matters related, directly or indirectly, to their employment. Courts balance the First Amendment interest of the employee against “the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.”...42 U.S.C. § 1985(2) protects expert witnesses...because individuals working in law enforcement "are often in the best position to know" about the occurrence of official misconduct, "it is essential" that such well-placed individuals "be able to speak out freely" about official misconduct...Kinney v. Weaver, 367 F.3d 337 (5th Cir. 04/15/2004); Swartzwedler v. McNeilly, 297 F.3d 228 (3d Cir. 07/19/2002);  Hoover v. Morales, 164 F.3d 221 (5th Cir. 12/31/1998);SHELTON POLICE UNION, INC. v. VOCCOLA, 125 F.Supp.2d 604 (D. Conn. 01/02/2001)

 

USA v Allen Warrantless Entry Standard

Perun v. City of Danbury - Portal to Portal Defined

Ohio v White On-duty Shooting Conviction Overturned

Turner v TASER Cause of Death 4th Circuit

Connecticut P.A. 13-3 Gun Violence Prevention Act

New York SAFE Gun Ban upheld as Constitutional

Connecticut State Police Firearms Possession Questions & Answers

Shepard v Madigan Right to Carry a firearm for self-Defense Outside of the Home is Constitutional

 Right to Open Carry is NOT clearly established in Connecticut

Kachalsky v. Westchester Self-Defense is NOT Proper Cause to Carry a Firearm in NY

 Kachalsky Proper Cause Firearm Carry Complaint

Connecticut v LaFleur Fists are NOT Dangerous Instruments

Connecitcut v Guilbert Expert Witness Identification Standard

Connecticut v Guilbert - Concurrence

Filarsky v Della Expert Witness Qualified Immunity

Sapko v Connecticut Duty Death not Compensable

AELE TASER(ECW) Case Law 

Arizona v US Immigration Check Oral Arguments Excerpts

Connecticut 53a-19 Self-Defense test  

MESSERSCHMIDT v. MILLENDER Firearms Warrant Qualified Immunity

 Administrative Searches Require Probable Cause 

Connecticut v Baptiste Excessive Force Jury Charge

UNITED STATES v. JONES GPS attached to Car is Search

Ryburn et al. v. Huff, et al. Supreme Court Defines Forced Exigency Standard

  1. US v Berry Forced Exigent Entry OK
  2. Aselton v East Hartford 911 Dispatch Negligence Denied
  3. Melanson v West Hartford Tactical Entry friendly fire Shooting
  4. Connecticut v Ramirez Off-duty Assault on Police Officer
  5. Levandoski v Cone Fireman's Rule Negligence OK'd 
  6. US v Davenport Terry Stop
  7. State v Brunetti Warrantless Search
  8. State V Brunetti Warrantless Consensual Search Standard Set
  9. State V Brunetti Dissent
  10. State v Brunetti 2nd Dissent
  11. Georgia v Randolph Present Co-occupant Must Both Grant Permission for Warrantless Search
  12. State v Ledbetter Show-up Identification Standard
  13. Callum v. Colchester False Arrest Immunity
  14. Riordan v. Joyner Felony Stop Force Immunity
  15. Inturri v. Hartford Officer Personal Appearance tattoos
  16. Cardona v. Connolly Handcuffing Immunity
  17. Smith v. Town of East Haven Duty to Protect
  18. State v McCullough Extra-jurisdiction Pursuit and Arrest ok
  19. Daubert denied on-duty Workman's Compensation Injury
  20. State of Connecticut v Santos Unlawful Terry Stop
  21. United States v Daily lawful Terry Stop & Seizure
  22. State v Mann Forced Warrantless Entry Terry Frisk Unlawful
  23. State v Mann Reversed by State Supreme Court 
  24. Teresa v Ragaglia Duty to Protect
  25. Ross v. Rell Temporary Restraining Order
  26. Fitness for Duty Standard set by Connecticut Supreme Court
  27. State v. Browne Pursuit results in Criminal Negligent Homicide standard
  28. Connecticut Firearms Laws
  29. Connecticut Assault Weapons Ban Statute CGS 53-202a
  30. State v Aloi Right to Refuse ID confirmed in Connecticut Over Ruled by State Supreme Court January 2, 2007
  31. Stop & Identify Authority during a Terry Stop - Connecticut  v Aloi 
  32. Hiibel Terry Stop Forced to Provide Identification
  33. Connecticut Civilian Arrest Authority 
  34. State v Brown Firearm Defined
  35. State v Hardy Appellate Court Deadly Weapon Defined
  36. State v Hardy Supreme Court Deadly Weapon Defined
  37. State Supreme Court affirms State v Hardy
  38. Dziekan v. Gaynor off-duty dog shooting justified
  39. Santiago v City of Hartford Monell Immunity
  40. State v Fermaint Constructive Possession Standard
  41. Muehler et al. v. Mena Handcuffing ok during swat entry
  42. Devenpeck v. Alford warrantless arrest
  43. State v Smith Murder warrant
  44. State v Smith Probable Cause Ruling
  45. State v Smith Appellate Court Reversal of Conviction
  46. State of New York v.Tanella
  47. US v. Patane Miranda not required
  48. Yarborough v. Alvarado Miranda Warning Custody Test
  49. Thompson v. Keohane Custody Defined
  50. Illinois v. Lidster Informational Roadblocks ok'd by US Supreme Court
  51. Maryland v Pringle probable cause drug possession for all vehicle occupants
  52. United States v Banks 20 Seconds Knock & Announce Forced Entry OK'd
  53. State of Connecticut v Scribner 14-283 Officer Conviction Upheld
  54. Sacramento v Lewis High Speed Pursuit Purpose to Cause Harm Standard
  55. State v Carolina Full Custody Arrest authorized for motor vehicle infractions and offenses
  56. Atwater v City of Largo Full Custody Arrest traffic fine only
  57. State of Connecticut v Smith Citizen Arrest Authority
  58. Saucier v Katz U.S. Supreme Court Qualified Immunity Test
  59. Qualified Immunity Denied under Saucier v Katz OC Q-tip Use Held Unreasonable
  60. United States v Arvizu Articulable Suspicion test for motor vehicle stops
  61. Thornton v. US Motor Vehicle Search ok after Arrest of Recent Occupant
  62. Roper v Simmons Death Penalty Denied to 16 & 17 year old Murderers
  63. State of Connecticut v. Michael Skakel
  64. Illinois v Caballes Dog Snif ok
  65. Missouri v. Seibert Interrogation Tactic Unconstitutional Miranda Required
  66. State v Czyzewski Extra-jurisdiction Terry Stops Allowed
  67. State of Connecticut v Clark Stop & Frisk
  68. State of Connecticut v Carolina full custody arrest authority for traffic infractions and offenses
  69. U.S. Supreme Court Illinois v Wardlow Right to run from the police denied
  70. Whren v United States Articulable Suspicion Standard set by US Supreme Court
  71. U.S. Supreme Court Home Probation Searches Authorized on Reasonable Suspicion
  72. Constitutional Individual Right to Bear Arms Affirmed
  73. Parker v District of Columbia Right to Bear Arms
  74. 9th Circuit Court ruling on Q-tip application of OC
  75. Home Thermal Imaging is a Constitutional Violation
  76. U.S. Supreme Court Dickerson Miranda Ruling
  77. Sabir v Jowett No Probable cause Excessive Force
  78. State v Salaman Intent to Shoot Standard
  79. Connecticut v Scruggs C.G.S. 53-21 Unconstitutionally Vague
  80. Samson v California The Fourth Amendment does not prohibit a police officer from conducting a suspicionless search of a parolee.
  81. Hudson v Michigan Knock & Announce Violation does not trigger Exclusionary Rule violation
  82. Connecticut v Nash Terry Stop & Frisk Standard
  83. GARCETTI, et al., PETITIONERS v. RICHARD CEBALLOS When public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.
  84. BRIGHAM CITY, UTAH v. STUART et al - Police may enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.
  85. Report on the Death of Jashon Bryant Requesting Manslaughter 1st Degree
  86. Report on the Death of Robert Miessau in Waterbury on February 21, 2006
  87. State Police Commissioner Boyle Opposes State-Wide Arrest Powers for Local Officers
  88. State Police Commissioner's Second Letter Opposing Arrest Powers
  89. Connecticut Police Chief's Association Supports State Wide Arrest Powers
  90. Proposed House Bill 5464 Arrest Powers for Local Peace Officers
  91. Connecticut v Browne Unlawful Search Warrant Seizure
  92. Jones v East Haven New Trial Ordered for Compensatory Damages
  93. SCOTT v. HARRIS (No. 05-1631) 433 F. 3d 807, reversed. A police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death."
  94. Scott v Harris PIT as Deadly Force
  95. US v McCargo Suspiciousless Frisk OK for Suspect Transport
  96. Brendlin v California Passenger seizure Standard
  97. BRENDLIN v. CALIFORNIA US Supreme Court Rules Passengers as well as Driver are seized for Fourth Amendment Purposes
  98. Connecticut v Batts lawful Investigatory Stop Standard
  99. Connecticut v Milotte Suspiciousless MV stop
  100. Connecticut V. Burroughs - Unlawful Terry Stop
  101. Connecticut v Nash Terry Stop
  102. Report on the Death of Eric Habel
  103. Young v City of Providence off-duty Shooting Liability
  104. Interfering with an Officer C.G.S. 53a-167a - Stop & Identify Authority during a Terry Stop - Connecticut  v Aloi 
  105. Milner v. Duncklee, No. 3:02cv1929 (D. Conn. 11/08/2006) Capias Forced Entry Standard
  106. Connecticut v Jenkins Unlawful Seizure MV Stop
  107. Connecticut v Jenkins Unlawful Seizure MV Stop Dissent
  108. SUPREME COURT OF THE UNITED STATES ARIZONA v. GANT ...Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. This Court rejects a broad reading of Belton that would permit a vehicle search incident to a recent occupant's arrest even if there were no possibility the arrestee could gain access to the vehicle at the time of the search. The safety and evidentiary justifications underlying Chimel's exception authorize a vehicle search only when there is a reasonable possibility of such access.
  109. State of Arizona v Gant Remanded
  110. STATE OF CONNECTICUT v. JULIAN MARQUEZ ...An identification procedure is unnecessarily suggestive only if it gives rise to a very substantial likelihood of irreparable misidentification.We would, of course, encourage the state's law enforcement agencies to maintain currency in the latest research in this field and to adapt their policies to implement the most accurate, reliable and practical identification procedures available.
  111. Pearson v Callahan Summary Judgment Order of Battle...Because the two-step Saucier procedure is often, but not always, advantageous, those judges are in the best position to determine the order of decisionmaking that will best facilitate the fair and efficient disposition of each case. Petitioners were entitled to rely on these cases, even though their own Federal Circuit had not yet ruled on consent-once-removed entries. 
  112.  CARSWELL v BOROUGH OF HOMESTEAD...The court found that a reasonable officer would not be expected to take the risk of being assaulted by a fleeing man who was so close that he could grapple with him and seize the gun. Qualified immunity operates to protect officers from the sometimes hazy border between excessive and acceptable force. The Constitution does not mandate the types of equipment a police department must provide to its officers. Snyder also said that if he had had non-lethal weapons in his possession, he would not have pulled his gun from the holster.  Reasonableness is to be evaluated from the "perspective of  a reasonable officer on the scene, rather than with the 20/20 vision of hindsight." We conclude that at most Synder's conduct was a mistake that was reasonable under the circumstances
  113. Taser as Excessive Force - Prolonged Exposure Duration of Application
  114. Beaver v Federal Way - Multiple Uses of Taser Defined as Excessive Force
  115. Connecticut v Burroughs Constitutional Standards Defined for Seizure
  116. Blake v City of New York - Deadly Force Standard
  117. Connecticut v Burroughs Constitutional Standards Defined Seizures
  118. Virginia v Moore PC Standard under the Fourth Amendment
  119. Connecticut v Silva Interfering with Officer - Refused to Identify
  120. Price v City of Portland Deadly Force Decision Training
  121. Arizona v. Johnson Terry Frisk of Car Stop Passenger
  122. District of Columbia v Heller "...the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional."
  123. Buckley v Haddock 11th Circuit Multiple Drive Stun Taser found 'Reasonable'
  124. STATE OF CONNECTICUT v. CHRISTOPHER BUTLER Gant Search In Connecticut
  125. SHELTON POLICE UNION FREE SPEECH STANDARD
  126. CONNECTICUT V HART PELLET GUN AS FIREARM
  127. Connecticut v. Grant Firearm defined
  128. Connecticut v Terwilliger Defense of Premises
  129. Pepper Spray is a Per Se 'Dangerous Weapon' in Connecticut
  130. CONNECTICUT v. PAUL OVECHKA Dissent
  131. Connecticut v J'Viel Outing Misidentification Standard
  132. Connecticut v J'Viel Outing Second Concurrence
  133. Officer Murtha Indemnified by Connecticut Supreme Court
  134. New Jersey v Henderson Eyewitness Testimony Standard
  135. SYKES v. UNITED STATES Pursuit as Dangerous Felony
  136. KENTUCKY v. KING Warrantless Entry Exigency Standard
  137. Torraco v. Port Authority of New York and New Jersey Officer Safety Act 926 Arrest 
  138. Connecticut v Lockhart Electronic Recording of Confessions not Required
  139. Henry v Purnell TASER Weapon Confusion Qualified Immunity
  140. Henry v Prunell TASER as an Unreasonable Mistake
  141. 9th Circuit finds TASERs use as Excessive Force
  142. Murtha Labor Board Arbitration Ruling
  143. Walsh Labor Board Arbitration Ruling
  144. United States v State of Arizona - Immigration Decision SB1070
  145. Connecticut Immigration Arrest Authority
  146. 2002 AG Memorandum State & Local Authority to Arrest Illegal Immigrants
  147. McDONALD et al. v . CITY OF CHICAGO, ILLINOIS, et al.
  148. Mullenix Deadly Force Qualified Immunity