Case law review: Do Brady & Giglio trump officers' due process rights?

Watch: Legal pitfalls on patrol. December 26, 2022 | [View as webpage]( | Too many emails? [Update Subscription Preferences]( Dear Police1 Member, When I taught academy recruits constitutional law, I said I understood they wanted me to provide them with legal operating instructions for how to do their job. They were highly motivated to follow such instructions – ethically, and because the suppression of evidence, dismissal of cases, their jobs, their finances and even criminal prosecution were at stake. But there are no such operating instructions. If there were, the U.S. Supreme Court wouldn't disagree 5 to 4 – after briefing, oral arguments and the research of a stable of law clerks – about the constitutionality of a decision you had to make in a fraction of a second during a rapidly unfolding traffic stop. What there is, I told the recruits, is case law. Court decisions about whether police actions in myriad situations are constitutional, legally justified and reasonable. I used case law from the Alaska state courts, the Ninth Circuit (which includes Alaska) and the U.S. Supreme Court for scenario-based training. The high stakes for cops to continue such training prevail throughout their careers. In Alaska, the Police Standards Council posts "[legal bulletins]( online. These are summaries of binding state and federal court decisions impacting law enforcement. Many agencies provide in-service training on controlling case law. And there's Police1, providing reviews of important judicial decisions throughout the year and in the following end-of-the-year lineup. Thank you for your service, — Val Van Brocklin, Police1 columnist [ ] [ ] [ ] ANALYSIS BY VAL VAN BROCKLIN [Fourth circuit judge and lawyer face off in legal smackdown over live streaming traffic stops]( By Val Van Brocklin Argument pits First Amendment rights against Fourth Amendment reasonableness [Supreme Court holds that failure to Mirandize doesn’t violate a suspect’s Fifth Amendment rights]( By Val Van Brocklin Cops should Mirandize anyway [Do Brady and Giglio trump officers’ due process rights?]( By Val Van Brocklin If not, a lot of prosecutors and police departments are violating the Constitution [ ] [Keep Personnel Compliant and Mitigate Risk]( [ ] Assign training to fill requirements and make recertification straightforward with a system that tracks licenses and credentials against a variety of requirements. [Learn More]( [ ] [ ] [ ] [ ] [Plan to Attend the 2023 ILEETA Training Conference & Expo]( [ ] The ILEETA Annual Training Conference brings LE training professionals from around the world together to share ideas, knowledge and experience. Chose from over 150 training sessions over 6 days delivered by industry experts! [Register Now]( [ ] [ ] ANALYSIS BY KEN WALLENTINE [On-Demand Webinar: Legal pitfalls on patrol: Lessons from case law]( By Police1 Staff Experts review common issues that can cause problems not only for a patrol officer but all the way up the chain of command in an agency [Expert’s theory: Excessive force because officer 'didn’t fire enough']( By Ken Wallentine “We think that the use of force remains reasonable after a suspect employs a weapon, has not surrendered, and thus remains dangerous.” [Does failure to warn before shooting equal liability?]( By Ken Wallentine The 11th Circuit Court of Appeals rules on officers' failure to warn before shooting a suspect pointing a gun at them Sponsored Content [This scholarship program helps fund education for first responders' families]( What started as a way to honor military personnel has now extended to those in public safety. FEATURED DEAL [Grant assistance for All Terrain Vehicles at no cost]( Logistics365 has partnered with PoliceGrantsHelp to provide customized grant help for All Terrain Vehicles, including grant research, alert notices and application reviews. FEATURED DEAL [How to Buy Investigation Software (eBook)]( Download this Police1 investigation software buying guide to learn key steps for product selection, purchasing and implementation [Police1]( does not send unsolicited messages. You are receiving this email because you are a Police1 member and subscribed to this newsletter. If you do not want to receive this newsletter, you can [opt-out here](. If you no longer wish to receive any email messages from Police1, [click here to unsubscribe]( from all mailings. Copyright © 2022 Lexipol. 2611 Internet Blvd., Ste. 100, Frisco, TX 75034.