2024 Lesson 1: Caselaw Update

This lesson has four sections. The first section uses the recent case of State v. Klein to teach officers about the “plain feel” doctrine, the scope of a permissible Terry search, and the scope of a consent search. The second section uses the recent case of Nieters v. Holtan to teach officers about the concepts of probable cause and arguable probable cause, the importance of reevaluating the existence of probable cause in light of new information, the facts and circumstances that limit an officer to using only “de minimus” force to effect an arrest, and liability under 42 United States Code section 1983. The third section uses the recent case of State v. Laughlin to teach officers about the different types of evidence they should look for in order to prove crimes, such as driving while intoxicated or careless and imprudent driving, where operating a motor vehicle is an element of the offense, especially in cases where the engine is not running when the officers arrive at the scene. The fourth section explains the origin and meaning of the term “color of law,” the uses of that term in state and federal law, and circumstances where an officer will, or will not, be found to be acting under color of law.