1. The number of agencies that
have agreed to co-host two different one-day AELE seminars is now five.
Use of Force for Street Officers
- and - Review of Force for Supervisors, Management and I-A Investigators.
The mini-seminars cost only $139 per officer,
per day. The co-host agencies are in California, Connecticut, Delaware,
Illinois and Wisconsin. View the schedules at http://www.aele.org/miniseminars/
2. The September 2010 issue of the AELE Monthly Law Journal is
online, with four new articles.
Persons interested in contributing an article
should contact AELE. Lawyers: Some states will credit law articles as MCLE
hours, and the hours also may be counted as pro bono activity. (AELE is a Sec.
501C3 tax-exempt educational organization)
Several high profile cases in which vehicle
occupants were killed or suffered serious injuries have resulted in large civil
liability awards or settlements. The article focuses on agency policies.
View at http://www.aele.org/law/2010-09MLJ101.html
* Minimum Staffing: Firefighters
& EMS
The article includes illustrative cases from
eleven different states
View at http://www.aele.org/law/2010-09MLJ201.html
* Private Prisons and Their
Employees: Civil Liability and Defenses
This is the concluding article in a two-part
series.
View at http://www.aele.org/law/2010-09MLJ301.html
* The City of Ontario v. Quon
Supreme Court Decision
A guest article by Michael P. Stone and Melanie
C. Smith discusses the legality of management’s inspection of an officer’s
personal messages on a department-issued electronic device.
View at http://www.aele.org/law/2010-09MLJ501.html
3. The Sept. 2010 issues of AELE’s
three periodicals have been uploaded.
The
current issues, back issues since 2000, three 35-year case digests, and a
search engine are FREE. Everyone is welcome to read, print or download AELE
publications without charge. The main menu is at: http://www.aele.org/law
Among the 75 new cases, summarized under more than 50
different topics, are several that warrant mention here:
*** Law Enforcement Liability
Reporter ***
* Arrest Warrants
In a case involving a prosecution for a number
of sexual offenses, the California Supreme Court approved the use of a “John
Doe, unknown male” arrest warrant, describing the wanted person by his unique
13-loci deoxyribonucleic acid (DNA) profile. The warrant was issued in this
manner, as the statute of limitations for attempting to prosecute the offenses
would have otherwise been exceeded.. Peo. v. Robinson, #S158528, 47 Cal.
4th 1104, 224 P.3d 55 (Cal. 2010).
View at http://www.denverda.org/DNA_Documents/Robinson%20SCt.pdf
*** Fire, Police & Corrections
Personnel Reporter ***
* Drug Abuse and Rehabilitation
Oregon Supreme Court holds that employees who
smoke marijuana to relieve pain or nausea can be fired for drug use even if
they have a state-issued medical marijuana card. Laws requiring employers to
accommodate disabled workers do not extend to medical marijuana use. Emerald
Steel v. Bur. of Labor & Indus., #S056265, 2010 Ore. Lexis 272, 348
Ore. 159, 230 P.3d 518.
View at http://www.publications.ojd.state.or.us/S056265.htm
* Privacy Rights
Hospital security personnel did not violate the
Fourth Amendment by searching employee lockers for missing implements. The
locker inspections were not unreasonable and there was a low expectation of
privacy. Narotzky LLC v. Natrona County Memorial Hospital, #09-8053,
2010 U.S. App. Lexis 12900 (10th Cir.).
View at http://caselaw.findlaw.com/us-10th-circuit/1528659.html
*** Jail and Prisoner Law Bulletin
***
* Pepper Spray
A correctional officer used no more force than
necessary against an inmate who kicked his cell door, yelled profanity, refused
orders to stop, and threw some object from his bed at the officer. The use of a
short burst of pepper spray against the prisoner was not excessive under the
circumstances. Easley v. Dept. of Rehabilitation and Correction,
#2009-05277, 2010-Ohio-2658, 2010 Ohio Misc. Lexis 110 (Ohio Ct. of Claims).
View at http://www.supremecourtofohio.gov/rod/docs/pdf/13/2010/2010-ohio-2658.pdf
4. AELE has a free search tool
covering our database of 29,000 case summaries, since 1975.
http://www.aele.org/htdig/common/search.html
We also have three menus of the 29,000 case
summaries, divided into more than 700 topics.
1. Law enforcement civil liability at http://www.aele.org/law/Digests/civilmenu.html
2. Employment law and discipline at http://www.aele.org/law/Digests/emplmenu.html
3. Jail and prisoner legal issues at http://www.aele.org/law/Digests/jailmenu.html
View or print our guide: How to Navigate AELE’s
Online Law Libraries at http://www.aele.org/navigate.pdf
AELE uses Databack Systems LLC, a professional
mail service, to maintain our e-mail lists. AELE and Databack will not rent or
disclose your e-mail address to commercial vendors. E-mails from AELE will be
sent by alert@aele.org in plain text, and will not have attached files or
contain advertising. Sign up for our monthly e-mail alerts at http://www.aele.org/e-signup.html
Encourage your colleagues to do so.
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AELE’s free publications: http://www.aele.org/law
Information on AELE’s Seminars: http://www.aele.org/Seminars.html
Certified Litigation Specialist program: http://www.aele.org/cls-faq.html