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Policy & Case Updates

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Police Review

on 12 August 2015

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Transcript of Policy & Case Updates

Policy & Case Updates
4-222 Automated License Plate Reader Policy
Changes:

Limits on data collection
Changes retention schedule
Maintain a record of stationary ALPR's
BCA notification
System Audit
5-104.01 Professional Policing
Policy expanded in scope

Changes:
Applies to all citizen contact
The length of any detention cannot be longer than necessary
7-344 Vulnerable Adults
Fixed typo in the contact number
U.S. v. Trogdon
789 F.3d 907 (8th Cir. Jun. 18, 2015)
Facts:

Officers see a group loitering
Building sent letter about no trespassing
Recognized a gang member
Evaded officers
Davis v. White
Facts:

Davis was arrested
Asked for mat
Would not go into the cell
Fight
Officer and Davis injured
August 11, 2015
Issue:
Was the pat-down search proper?
"While each individual circumstance standing alone may not have been sufficient to create reasonable suspicion, the totality of the circumstances provided the officers with reasonable suspicion to stop and frisk Trogdon."

-Trogdon, 789 F.3d 914
Factors:
Group
Loitering in an area
Known-gang member
Crime area
Evading
2015 WL 4528367
Issues:

Excessive Force
State Assault and Battery Claims
Municipal Liability
Substantive Due Process
Officer Counterclaim
Excessive Force:

"Objective Reasonableness" standard applies to pretrial detainees
Summary Judgment reversed
Misapplied that a concussion and scalp lacerations are not
de minimus
State Assault and Battery:

Not liable if in scope of discretionary acts
Summary judgment reversed
No consideration of bad faith
Municipal Liability:

Record system that made determining number of officer complaints or incidents of nonlethal force difficult
Test:
1. Municipal action taken with the requisite degree of culpability
2. Direct causal link between the municipal action deprivation of rights
Policy or Practice:
"[A]lleged injury was caused by the municipal employees engaging in a widespread and persistent pattern of unconstitutional misconduct that policy makers were deliberately indifferent or tactically authorized.
Substantive Due Process:

Four complaints for property damage
Affirm district court's judgment as a matter of law
severe violation from brutal and inhumane abuse of power
Police Officer:
Intentional or reckless failure to investigate before making a complaint can support a substantive due process claim
Not enough proof
Counterclaim:

Court has discretion for counterclaims
Davis had notice of claim
Full transcript