Case Law
This case law sets the "objective reasonableness" standard for use of force under the 4th Amendment from the perspective of a reasonable officer on scene, not with 20/20 hindsight.
Graham v. Connor (1989)
Welburn Avenue & Church Street
3 Beat
Message Received and Understood
10-4
The Taking of a motor vehicle, in the possession of another, by force or fear.
CA PC 215 - Carjacking
This case law limits use of force against fleeing felons to situations involving threat of death or serious injury to the officer or others.
Tennessee v. Garner (1985)
Monterey Street & Howson Street
3 beat
Explosion
10-80
Unlawful fighting, or maliciously disturbing another by loud noise, or offensive in public likely to provoke violence.
CA PC 415-Disturbing the Peace
This case law establishes reasonable suspicion as the standard for investigative stops and pat-downs (Terry Stops)
Terry v. Ohio (1968)
Wentz Dr & Fowler Street
2 Beat
Arrived On-Scene
10-97
Willfully resist, delays or obstructs a peace officer in the discharge of their duties.
CA PC 148 - Obstruction
This case law establishes the requirement to advise an individual of their rights before custodial interrogation.
Miranda v. Arizona (1966)
Ervin Court
1 Beat
Garbage Complaint
10-58
Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.
CA PC 203- Mayhem
This case law establishes the requirement of a search warrant to search digital content of a cell phone incident to arrest.
Riley v. California (2014)
Barron Place & Victoria Drive
1 Beat
Traffic Stop, High Risk, Code 3-Fill
11-96
It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the purpose of:
One—Evading or escaping discovery, recognition, or identification in the commission of any public offense.
Two—Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.
CA PC 185