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Full-Text Articles in Law
“When Can I Tase Him, Bro?”: Bryan V. Mcpherson And The Propriety Of Police Use Of Tasers, Sam W. Wu
“When Can I Tase Him, Bro?”: Bryan V. Mcpherson And The Propriety Of Police Use Of Tasers, Sam W. Wu
Golden Gate University Law Review
This Case Summary begins by detailing the factual and procedural history of Bryan. Next, it outlines the “reasonable use of force” analysis of the Ninth Circuit as applied to Tasers. Finally, it concludes by briefly discussing the broad implications of Bryan, both for law enforcement and for every individual who may someday find himself or herself facing a police officer armed with a Taser.
A Qualified Defense: In Support Of The Doctrine Of Qualified Immunity In Excessive Force Cases, With Some Suggestions For Its Improvement, Michael M. Rosen
A Qualified Defense: In Support Of The Doctrine Of Qualified Immunity In Excessive Force Cases, With Some Suggestions For Its Improvement, Michael M. Rosen
Golden Gate University Law Review
This article addresses several criticisms of the qualified immunity doctrine and defends the doctrine, through an examination of the key cases and commentary on them, as a reasonably coherent and effective mechanism for sorting out worthy from unworthy litigation. This article also identifies some important shortcomings in the doctrine and outlines modifications that would improve its functioning, improvements that would quiet the chorus of criticism that several commentators have directed at the doctrine.
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Golden Gate University Law Review
This Note contends that a dog bite lasting up to a minute is excessive force under these circumstances and violated Miller's Fourth Amendment right against unreasonable seizures. Part I of this Note provides a general synthesis of current Fourth Amendment seizure law as it applies to using police dogs. Part II discusses the facts of Miller and the court's application of current case law to those facts. Finally, Part III argues that the court failed to properly apply existing Fourth Amendment seizure law to the facts in Miller, and therefore, the force used was unreasonable.