Blog and News
"Current news and information concerning criminal law"
Recently, I have heard from several people that they have been told by police officers that they had to answer an officer’s questions or face being arrested for “obstructing an investigation”? Is this true? In general, an officer may ask a lawfully detained person to identify him or herself. As with most legal questions, the full answer is not absolute and depends on specific circumstances, but, in general, it is not true that you must answer further questions, and an arrest would be unlawful. The law is far from crystal clear, and swirls around the definition and interpretation of the right to remain silent. A new case from the Florida Supreme Court has changed the law within our state as to the consequences of silence. Skip to the bottom for the short answer; read on for an explanation of how you get there…Continue reading
On this day, September 30, in the year 1961, dozens of Colorado law enforcement officers from the Denver Police Department were arrested, stripped of their badges and firearms and hauled to jail for running a massive police burglary ring.Continue reading
The 1st Circuit Court of Appeal upheld the ruling of a Massachusetts district court that denied immunity from suit to police officers for arresting a man who video recorded their arrest of a person on the Boston Common. Given the public nature of their job and the public setting of the arrest that was being filmed, the federal appellate court spurned their claim that they should be immune from suit for arresting and jailing the videographer for a felony.Continue reading