Public Safety

In 1969 in Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court held that school officials may discipline students who engage in speech that would materially and substantially disrupt the work and discipline of the school. In Mahanoy Area School District v. B.L., the Supreme Court will...

In United States v. Cooley the Supreme Court will decide whether tribal police have the authority to temporarily detain and search a non-Indian on a public right-of-way within a reservation based on a potential violation of state or federal law.

The Ninth Circuit held the tribal officer has no such authority unless a legal violation is “obvious” or “apparent.” If it isn’t, any evidence obtained in the search must not be used against...

The issue the Supreme Court will decide in Caniglia v. Strom is whether the Fourth Amendment “community caretaking” exception to the warrant requirement extends to the home.

A police officer determined Edward Caniglia was “imminently dangerous to himself and others” after the previous evening he had thrown a gun on the dining room table and said something to his wife like “shoot me now and get it over with.” Officers convinced Caniglia to go...

In a very brief, unauthored opinion the Supreme Court denied qualified immunity in Taylor v. Riojas to a number of correctional officers who confined Trent Taylor to a “pair of shockingly unsanitary cells” for six days. The Court didn’t hear oral argument in this case, and Justice Barrett didn’t participate in it.

In the last decade the Supreme Court has repeatedly overturned lower court refusals to grant police officers qualified immunity....

The issue in Lange v. California is whether a police officer may enter a person’s house without a warrant when the officer has probable cause to believe he or she has committed a misdemeanor.

Right before Arthur Gregory Lange turned into his driveway and after following him for a while, Officer Weikert turned on his lights to pull him over for playing music loudly and unnecessarily beeping his horn right. Lange didn’t pull over. He later claimed to not notice...

CSG Midwest
The statistics about drug addiction and its consequences — the number of overdose deaths, and the rates of people arrested and imprisoned — are everywhere for policymakers to see.
But Ohio Sen. John Eklund says those numbers can’t tell the full story, and often fall short of moving legislators to reconsider their states’ policies on drug crimes and punishment.
CSG Midwest
While not technically an occupational license, the certification of police officers is required in most states. The International Association of Directors of Law Enforcement Standards and Training defines certification as “the process by which law enforcement officers are licensed in their respective jurisdictions, establishing the satisfaction of selection, training and continuing performance standards.”
In most states, police officer standards and training (POST) commissions establish these standards and carry out certification. They also are responsible for decertification.
Nearly all U.S. states, including all 11 in the Midwest, have existing statutory authority to certify or decertify, according to Roger Goldman, a law professor at Saint Louis University and leading researcher on this issue. (The states without such authority are California, Massachusetts, New Jersey and Rhode Island.)

Without explanation the Supreme Court stayed a preliminary injunction requiring the Orange County California jail and jail officials to implement safety measures to protect inmates during the COVID–19 pandemic.

Justices Breyer and Kagan, without explaining their reasons, indicated they wouldn’t have granted the stay. Justice Sotomayor and Ginsburg dissented from the Court’s decision to lift the injunction and explained why. 

According to the...

A federal district court has ruled that as long as there is a declared national health emergency related to COVID-19, the public charge rule may not go into effect.

Immigrants who are deemed a “public charge” are ineligible to receive green cards/lawful permanent resident status. The most recent definition of public charge, adopted in 1999, included immigrants who demonstrated a need for “institutionalization for...

The presence of federal officers in Portland has generated significant litigation. Two of the cases brought so far get to the heart of a big question for local governments nationally:  what authority do federal officers have to do police work in local communities?

Both lawsuits...

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