Unusual Arrest Situations, and the Fourteenth Amendment and Section 1983 Cases

Wednesday, May 29, 2019

8:30am – 4:00pm

Unusual Arrest Situations, and the Fourteenth Amendment and Section 1983 Cases

Description: This combination course discusses court decisions on the A.D.A., dealing with mentally ill arrestees, the use of tracking devices and recent Oklahoma cases on “Terry Stops.” The program also reviews what went wrong with the NYPD “stop and frisk” program. The program will also review the Fourteenth Amendment and Section 1983 cases, and how they affect law enforcement and the community.

Date:  May 29, 2019
Time: 8:30 AM-4:00 PM
Location: Oklahoma Association of Chiefs of Police, 8915 S Olie Ave. Oklahoma City, OK
CLEET Hours: 6
CLEET Catalog Number: 19-2177, 19-2176
Cost: Free to OACP members, $ 25.00 to non-members

Presented by J.H. B. Wilson, retired General Counsel and Legal Instructor for CLEET

We keep seeing more litigation based on arrests. Commonly these are filed under section 1983, but there is a growing trend to bring suit against police officers under other statutes, like the Americans with Disabilities Act. Whether this is good or not is a matter of opinion, and this class will help you better equipped to decide.

We plant to look at:

QUICK REVIEW OF THE 14TH AMENDMENT

The 14th is basis for all those “use of force” against officers. Most of the SCOTUS cases, like the “cake baker”  and the “gay marriage” case are decided based on the 14th amednment. Godd idea to have another look at it in light of this litigation.

SECTION 1983 ACTIONS

How long can your traffic stop be extended before it becomes a constitutional violation? Can you handcuff someone who is being detained, without reasonable suspicion? Can you put a tracking device on their car? These are the kinds of things we will look at.

STOP AND FRISK

As long as we are looking at arrest law, what about that New York City “Stop and Frisk” policy? Why did the courts say it was unconstitutional? What was wrong with it? How can you avoid the same problem?

TERRY v. OHIO

You know Terry v. Ohio, but did you know Terry is still being cited by SCOTUS 40 years later? We’ve had some “Terry” cases in Oklahoma. Let’s look at what the Oklahoma Court of Criminal Appeals say about it.

AMERICAN WITH DISABILITIES ACT

Finally, how does the Americans with Disabilities Act (ADA) apply to arrest? Even if you have qualified immunity for 1983 suits, you might have liability under the ADA. This class will cover what courts expect you to do when arresting someone who is using criminal force, and is mentally ill.

 

Event Location

Oklahoma Police Chiefs Training Foundation
8915 S. Olie Avenue
Oklahoma City, OK, 73139

Event Fees

REGISTER
$ 25.00