The Police Law Blog
type: channel
description: A blog by lawyers for law enforcement officers about law enforcement issues.
language: en-US
date: 2018-02-10T21:06:20-05:00
generator agent: www.typepad.com
items: Tips for Police Officers Dealing with Criminal Defense Attorneys
items: What is Excessive Force?
items: Due Process for Officers Placed on Giglio or Brady Lists
items: Tips for Police Officers and Social Media Accounts
items: Baltimore Loses Court Case Regarding Funding of Police Pensions
items: FLSA Pay Issues for Police Officers
items: Tips for Police Officers in Dealing with Criminal Defense (and other types of) Attorneys in Testimony
items: Court Rules that License Plate Reader Information Not Always Protected
items: Police Officer Disciplinary Cases from Investigation to Arbitration
items: Personal Civil Liability for Police Officers

Tips for Police Officers Dealing with Criminal Defense Attorneys
type: item
description: Tips for Police Officers Dealing with Criminal Defense Attorneys
encoded: By John V. Berry, www.berrylegal.com It is very important for police officers to be prepared to deal with criminal defense attorneys when trial is pending. Both police officers and criminal defense attorneys are just trying to do their jobs when dealing with the court process. The key for law enforcement officers is not to get upset or defensive in their dealings with criminal defense attorneys. It is not helpful to consider the criminal defense attorney an enemy, but part of the judicial process itself. It is also important to consider the following tips in dealing with criminal defense attorneys as a case goes to trial. Criminal Testimony Process An individual has been arrested by a law enforcement officer for a traffic offense or other crime. The first step that they generally take is to hire a criminal defense attorney. The next thing that the officer knows is that they are being contacted by the prosecutor or their court liaison about court dates for an upcoming trial. The goal of criminal defense attorneys is to attempt to get a dismissal or otherwise dispose of a criminal case for a client. The goal of the law enforcement officer is to make sure that the individual is held accountable to the extent they should be and to testify for the prosecution in a manner consistent with law. Criminal defense attorneys vary, as do their tactics. Some criminal defense attorneys are very good at what they do and do so ethically. Some criminal defense attorneys do not and show up at the last minute and are unprepared. There are ethical rules which govern what a criminal defense attorney can do for their client. They cannot have any part in the falsification of evidence, or advise their client or other witnesses to lie, but they can try to use every tool to help their client. The central goal of a criminal defense attorney is to attempt to discredit or confuse a law enforcement officer during testimony. Tips for Law Enforcement Officers in Dealing with Criminal Defense Attorn…
subject: Criminal Defense Attorneys
subject: Testimony
creator: John Berry
date: 2018-02-10T21:06:20-05:00

What is Excessive Force?
type: item
description: Excessive Force for Police Officers
encoded: By John V. Berry, www.berrylegal.com The topic often of excessive force often comes up in our representation of law enforcement officers. Police officers can imagine why this would be a major issue given that it has the potential to end their career and/or cause them to be criminally prosecuted. The vast majority of law enforcement officers are only trying to do their job, while risking their lives, in protecting the public. This article examines the basics of "excessive force" and offers some tips to law enforcement officers who may be subject to complaints. What is Excessive Force? Typically, most experts say that "excessive force" is any force beyond what’s necessary to arrest a suspect and keep police and the public / bystanders safe. Excessive force typically refers to police incidents where law enforcement officers who are legally entitled to use force exceed the minimum amount necessary to address the situation or to protect themselves or others from harm. This can come up in many different potential situations, such as when handling prisoners or even during military operations. It is very easy, after the fact, to second guess an officer's actions. It can be very difficult, however, for the officer when they are facing life and death decisions. When excessive force involves law enforcement officers, especially during the arrest process, it is also referred to by complainants as alleged police brutality. The constitutional right to be free from excessive force is found in the reasonable search and seizure requirement of the Fourth Amendment and the prohibition on cruel and unusual punishment in the Eighth Amendment. These issues often come up after the arrest and when a lawsuit has been filed against the department and the officer. While court decisions are all over the place (and vary by jurisdiction) and vary based on specific fact patterns, the following is a simple general test that can be applied in evaluating alleged excessive force claims. The question,…
subject: Administrative Defense
creator: John Berry
date: 2018-02-06T21:55:05-05:00

Due Process for Officers Placed on Giglio or Brady Lists
type: item
description: Due Process for Officers Placed on Giglio or Brady Lists
encoded: By John V. Berry, www.berrylegal.com One of the latest issues for law enforcement officers, which has come under increasing review involves Giglio-type or Brady-type lists that are compiled by prosecutor's offices and law enforcement employers. The existence of these lists have been both known and unknown to officers, but as the media has increased scrutiny over law enforcement officer-related media events/cases, these types of lists have come under renewed scrutiny. I have also seen cases where prosecutors have disliked a law enforcement officer and unjustly placed them on such a list knowing the employment ramifications for such officers. Frankly, even if well-intended, it is difficult for prosecutors to keep such a list accurate or evenly applied, in our experience. Additionally, if such a list has been developed, it is important to develop strong due process procedures that permit the law enforcement officer to challenge their placement or continued listing on the Giglio-type lists. What is a Giglio list? A Giglio or Brady list is a list compiled usually by a prosecutor's office or a police department containing the names and details of law enforcement officers who have had sustained incidents of untruthfulness or some type of candor issues. As most law enforcement officers know, Giglio and Brady are two Supreme Court cases which touch upon the duties of prosecutors to turn over key materials to defense attorneys. These types of lists are used sometimes for disclosure purposes to defense attorneys in connection with prosecutions. When a police officer testifies as a government witness, the prosecutor has the same obligation as with other government witnesses to seek out and disclose Giglio/Brady type information. As a result, prosecutors seek out such information. The prosecutor may then use such information in a case and/or also maintain a file of that information for future cases. If an officer falls on a Giglio or Brady-type list, prosecutors may decline to t…
subject: Disciplinary Actions
subject: Giglio
creator: John Berry
date: 2018-01-29T21:29:58-05:00

Tips for Police Officers and Social Media Accounts
type: item
description: Social Media Tips for Police Officers
encoded: By John V. Berry, Esq., www.berrylegal.com One of the most important issues facing police officers these days is the issue of how to use social media in their private lives given their public careers. Social media can affect law enforcement officers in so many ways that multiple issues from private online activity can affect an officer at work. The goal of this article is not to say that law enforcement officers should not have social media accounts, but that they should be careful in what they post. The following are some tips for law enforcement officers in what issues to avoid when they post to their social media accounts. Be Extremely Careful What You Post Despite the fact that many believe that the First Amendment protects police officers in their posting on social media, it cannot be overstated that police officers need to take special care in what they post. I have seen several cases where law enforcement officers have to deal with departmental disciplinary actions related to social media postings they have made. Typically, the most concerning issue happens when a law enforcement officer means no harm, but posts something that can be taken as an off-color comment or harassment of some form. Even if the police officer screens his friends list and security profile, we have seen numerous cases where law enforcement officers are disciplined as a result of what they have posted on Facebook, Twitter, Instagram, etc. A good rule of thumb is to not post anything that the officer would not be comfortable with his or her supervisors seeing. I have had more than a few cases involving comments made about a police supervisor that somehow gets back to the supervisor and then the officer is charged with insubordination or some general conduct unbecoming charge related to such comments. It is far easier to avoid making comments about a supervisor online than to defend against them later. We have also had police disciplinary cases where other police officer witnesses have pos…
subject: First Amendment
subject: Social Media for Police Officers
creator: John Berry
date: 2018-01-12T18:21:41-05:00

Baltimore Loses Court Case Regarding Funding of Police Pensions
type: item
description: Baltimore Judge Rules Against City in Police Pension Case
encoded: By John V. Berry, Esq., www.berrylegal.com A new case was handed down involving Baltimore police pensions. The case, handed down by a Baltimore Judge, held that Baltimore managers broke their contract with many police officers, firefighters and retirees in 2010 by eliminating a key pension provision that has cost retirees millions in pension benefits. Baltimore Judge Julie R. Rubin ruled Tuesday that the former Mayor's overhaul of pension benefits unlawfully withdrew a "variable pension benefit" that paid out more money to retirees when the stock market improved. The Baltimore mayor’s new law ultimately cut approximately $400 million in long-term pension costs by (1) reducing benefits, (2) raising the retirement age and (3) requiring higher contributions from workers. While the judge's ruling is positive, many of the underlying issues must still go to trial. The article by the Baltimore Sun can be found here.
subject: Current Affairs
creator: John Berry
date: 2018-01-04T20:22:32-05:00

FLSA Pay Issues for Police Officers
type: item
description: FLSA Overtime for Police Officers
encoded: By John V. Berry, www.berrylegal.com It is not uncommon for police departments across the United States to have pay issues. One of the most common pay issues that police and federal law enforcement officers face is the failure of police departments to pay overtime correctly under the Fair Labor Standards Act (FLSA) or similar state overtime provisions. The number of issues that an officer can face regarding such issues are practically endless and ever evolving. This article discusses some of the issues that police departments and law enforcement agencies have with respect to the correct payment of overtime. For police departments and other law enforcement employers, making a mistake in the payment of overtime or other calculations is a major risk and can, in some cases, cause double damages, the payment of attorneys fees and other damages. In some states, like Massachusetts, incorrect overtime payment has the potential to cause "treble" triple damages. Because each state overtime laws vary, this article will focus on the FLSA. What is the FLSA? The FLSA establishes minimum wage and overtime pay standards affecting full-time and part-time workers in the private sector and in Federal, State, and Local governments. The FLSA is far more complicated with respect to law enforcement officers. There are numerous types of FLSA issues that can rise to lawsuits for pay issues not properly handled. These can range from not paying overtime or compensatory time properly, to not paying for certain compensable activities. The FLSA can be enforced by officers in a number of forums, including the U.S. courts or, where appropriate, in arbitration. Law Enforcement and the FLSA Law enforcement personnel are employees who are empowered by federal, state or local ordinance to enforce laws designed to maintain peace and order, protect life and property, and to prevent and detect crimes; who have the power to arrest; and who have undergone training in law enforcement. 29 U.S.C. 207 (k) prov…
subject: Fair Labor Standards Act
creator: John Berry
date: 2017-12-02T22:11:46-05:00

Tips for Police Officers in Dealing with Criminal Defense (and other types of) Attorneys in Testimony
type: item
description: Tips for Police Officers in Dealing with Criminal Defense Attorneys in Testimony
encoded: By John V. Berry, www.berrylegal.com Our law firm represents and advises law enforcement officers in legal proceedings. One of the principal functions of police or other law enforcement officers is to provide testimony in criminal, civil or administrative cases. We often defend law enforcement officers when allegations are made against them and often advise police officers regarding their testimony in administrative, civil and criminal matters. We have provided below, the following tips for law enforcement officers to consider when providing testimony in any of these forums in order to present the best case possible. We realize that attorneys, whether government or defense attorneys will focus on attempting to discredit or "trip up" an officer on the stand, so it is important to prepare, in advance of testimony. Our tips follow: Focus on the Question Asked: an officer should respond directly and honestly to the questions being asked by the defense or government attorney during testimony, but the best advice is not to try to add additional testimony to justify an action taken. We have found that officers that politely and shortly answer a defense attorney's questions increase the importance of their testimony and minimize criminal defense attorney attacks on cross-examination. It is not usually advisable for an officer to provide additional information that has not been sought. Many a case has taken a turn for the worse when an officer adds additional information that was not asked by a criminal defense or other attorney. Don't be Defensive: the more calm and collective that a police officer is during his or her testimony, the more credible that testimony is. Many criminal defense attorneys will try to rattle a law enforcement officer by attacking them during testimony. The officer should keep a proper mindset, before, during and after testimony and wait until the defense attorney is done speaking, pause, and then politely respond. We have found that no matter the fo…
subject: Administrative Defense
subject: Current Affairs
subject: Testimony
creator: John Berry
date: 2017-10-22T20:12:21-04:00

Court Rules that License Plate Reader Information Not Always Protected
type: item
description: Court Rules that License Plate Reader Information Not Always Protected
encoded: By John V. Berry, www.berrylegal.com Our law firm represents and advises law enforcement officers. A relatively new issues that has come up as of late involves law enforcement department devices which collect massive amount of information. The technology has advanced so far, that significant amounts of information is collected and retained every day. While it has been assumed for some time that this type of information was not obtainable through information request sought by the general public, a new case has cast some doubt or at least some new arguments on the issue that law enforcement should be aware of. In a recent decision, information collected by law enforcement officers from automobile drivers through license plate readers has been ruled not to be necessarily be protected from disclosure. The California Supreme Court recently held in late August that the information collected by law enforcement officers on motorists does not necessarily constitute "investigative records" which are normally kept from the general public. A copy of the opinion can be found here. Automated license plate readers used by law enforcement officers are very high-speed cameras which are mounted on police vehicles or on light poles (mainly at intersections or other fixed locations). The technology is such that these devices continuously scan and record the license plate of every passing vehicle. Additionally, the date, time and location may be recorded, with a photograph of the vehicle and possible photos of the driver/passengers. Many police departments, on a national basis, utilize the information as a tool to potentially track the whereabouts of criminal suspects. There are some localities have prohibited the use of the cameras because of potential privacy concerns because the vast majority of drivers being tracked are completely innocent of any criminal activities. One of the additional problems, however, is that the information captured may be maintained for weeks to years. The C…
subject: Current Affairs
subject: New Court Cases
creator: John Berry
date: 2017-10-13T20:05:22-04:00

Police Officer Disciplinary Cases from Investigation to Arbitration
type: item
description: Representing police officers in arbitration cases
encoded: By John V. Berry, www.berrylegal.com We often have represented police officers in our legal practice in arbitration proceedings in regards to their disciplinary cases. While each police department and collective bargaining agreement (CBA) with each different police union varies, many of the processes are the same. This article discusses some of the unique aspects of the police grievance and arbitration process and how we get to this point. Prior to Arbitration - The Investigation Process Each serious disciplinary case involving a police officer will almost start with an investigation. There are varying types of internal investigations, so it is important to understand your own department or agency’s internal investigatory processes. Most departments have an internal affairs unit or office of professional responsibility for more serious disciplinary cases. For less serious cases, investigations may be taken on by direct supervisors. Generally, the officer is interviewed by investigators often with the assistance of a union representative. Once the investigative process in complete, a recommendation closing the case or referral for potential discipline is provided by investigators. If discipline is recommended it is reviewed by human resources personnel. Disciplinary Process If a department’s human resources personnel and/or managers decide that disciplinary action against an officer or agent is appropriate, the next step for the department is to analyze the proposed discipline. Once the proposed disciplinary action is considered and issued, the officer or agent will generally have the opportunity to respond to the proposed discipline before a decision is issued. When the final disciplinary action is issued, depending on internal appeals procedures, the union CBA or applicable laws, the officer must decide where they can appeal the action. In most cases, that the officer will likely consider arbitration as an option, where applicable. Grievance Process Depending on th…
subject: Disciplinary Actions
creator: John Berry
date: 2017-09-22T23:04:31-04:00

Personal Civil Liability for Police Officers
type: item
description: Personal civil liability for police officers
encoded: By John V. Berry, Esq., www.berrylegal.com I drafted an earlier version of this article in 2014. A lot has happened since then. I am updating the article in light of recent events and the increased issues involving personal liability for civil actions filed against police officers. Police officers, given increasing scrutiny in light of recent media events across the country, have been subject to countless lawsuits and public scrutiny. With such scrutiny comes an increased number of civil lawsuits filed in relation to on-duty and off-duty actions related to a police officer’s employment. It is important that police officers be ever vigilant and take steps to become aware of their potential for personal liability for actions taken in the line of duty which could result in a personal lawsuit against them. Personal Liability for Police Officers Personal liability for a law enforcement officer is just the legal theory that a police officer can be held civilly responsible for their actions related to their law enforcement position. Civil lawsuits can be brought against officers under any number of various legal theories, such as intentional personal injuries (torts) and pursuant to 42 U.S.C. § 1983. Lawsuits under Section 1983 are the most common against law enforcement officers and can be brought against an officer when he or she violates statutory or constitutional rights under law. This is commonly referred to as a Bivens action, named after the case of Bivens v. Six Unknown Agents, 403 U.S. 388 (1971). Since 2014, there have been far more cases involving civil actions against police officers given social media and the Internet. The most common examples of civil claims against police officers include: 1. Those alleging false arrest (sample case) 2. Those alleging excessive force (sample case); 3. Those alleging malicious prosecution (sample case); and 4. Those alleging that a law enforcement officer failed to intervene in the unlawful actions of a fellow law enforcemen…
subject: Personal Liability
creator: John Berry
date: 2017-09-08T22:11:26-04:00