USE OF SPOTLIGHTS: WHEN DOES A DETENTION OCCUR?
People v. Leon Tacardon14 Cal. 5th 235 (2022) CA Supreme Court Question: Are you being detained if an officer shines his vehicle spotlight on you, but doesn’t turn on the red and blue emergency lights? Answer: Generally, no. The use of a spotlight will not, standing alone constitute a detention; but will be considered […]
No Discipline for Officer’s Refusal To Consent To Cell Search TURIANO V. CITY OF PHOENIX CV-21-01428-PHX-MTL
Question – Can you be disciplined for refusing to produce your personal cell phone for an administrative search? Answer – In sum, peace officers can expect that their personal cell phones, if purchased by themselves, may generally not be searched by their employers, unless a specific policy or regulation gives the officer notice that those […]
The First Amendment Audit
By now many public safety personnel have likely seen YouTube videos posted by someone claiming to be a reporter working on a story, otherwise known as an auditor. These auditors’ videos record interactions while antagonizing an officer in a public place. Reporters provoking police officers The resulting videos typically show a well-meaning officer asking for […]
Officer Involved Shootings OR Use of Force Event
You’ve been involved in an officer involved shooting or use of force event. As part of your duties, you prepare a report documenting your involvement in the incident. It’s near the end of your shift and you’re confident that you remember the specifics and the details about the incident. So you don’t take the time […]
Can My Statements to Investigators Be Used Against Me?
Investigators want to ask you some questions about allegations that could be criminal in nature, say an allegation of theft on duty. You’re concerned because you don’t know whether your statement can be used against you criminally if you answer the questions. No, not if you’re compelled to answer. I’m Muna Busailah, a police defense […]
Can My Employer Investigate Me for Information on My Cell Phone?
My employer can’t access and investigate me for information on my personal cell phone, right? Wrong! Information on your personal cell phone can be seized by your employer in some circumstances, and you can be investigated and disciplined as a result. Let me explain. I’m Muna Busailah, managing partner in the police defense law firm […]
Can I Be Sued for Questioning a Suspect After They Invoke Their Fifth Amendment Rights?
Can I be sued and personally held liable for questioning a suspect after he invokes his Fifth Amendment rights against self-incrimination? Yes, you can have civil damages awarded against you from violating Miranda. How’s this so? I thought it was only a suppression of evidence. Let me explain. I’m Muna Busailah, partner in the police […]
Can I Be Disciplined for My Social Media Post?
Can you be disciplined for what you post on social media? The short answer is yes. Wait, you think, how can that be? Don’t I have a right to freedom of speech? My posts are on my personal account and I didn’t identify myself as an officer. So how can my employer discipline me for […]
Can I Be Disciplined for a Co-Worker’s Group Text?
Can you be disciplined for being part of your co-workers group text conversation even though you didn’t post a comment in a thread? The short answer is yes. I’m Muna Busailah, managing partner of the police defense firm Stone Busailah, and for decades we’ve represented officers involved in administrative investigations that involved communication between the […]
Before Testifying Do This Thing FIRST
