News & Training
At Stone Busailah, we strive to keep you updated and informed.
TRAINING
Coming soon… Supervisors and the Firefighter Procedural Bill of Rights Act – 2020
NEWS
No Discipline for Officer’s Refusal To Consent To Cell Search TURIANO V. CITY OF PHOENIX CV-21-01428-PHX-MTL
Question - Can you be disciplined for refusing to produce your personal cell phone for an administrative search? Answer - In sum, peace officers can expect that their personal cell phones, if purchased by themselves, may generally not be searched by their...
The First Amendment Audit
By now many public safety personnel have likely seen YouTube videos posted by someone claiming to be a reporter working on a story, otherwise known as an auditor. These auditors’ videos record interactions while antagonizing an officer in a public place. Reporters...
Officer Involved Shootings OR Use of Force Event
You’ve been involved in an officer involved shooting or use of force event. As part of your duties, you prepare a report documenting your involvement in the incident. It’s near the end of your shift and you’re confident that you remember the specifics and the details...
Can My Statements to Investigators Be Used Against Me?
Investigators want to ask you some questions about allegations that could be criminal in nature, say an allegation of theft on duty. You’re concerned because you don’t know whether your statement can be used against you criminally if you answer the questions. No, not...
Can My Employer Investigate Me for Information on My Cell Phone?
My employer can’t access and investigate me for information on my personal cell phone, right? Wrong! Information on your personal cell phone can be seized by your employer in some circumstances, and you can be investigated and disciplined as a result. Let me explain....
Can I Be Sued for Questioning a Suspect After They Invoke Their Fifth Amendment Rights?
Can I be sued and personally held liable for questioning a suspect after he invokes his Fifth Amendment rights against self-incrimination? Yes, you can have civil damages awarded against you from violating Miranda. How’s this so? I thought it was only a suppression of...
Can I Be Disciplined for My Social Media Post?
Can you be disciplined for what you post on social media? The short answer is yes. Wait, you think, how can that be? Don’t I have a right to freedom of speech? My posts are on my personal account and I didn’t identify myself as an officer. So how can my employer...
Can I Be Disciplined for a Co-Worker’s Group Text?
Can you be disciplined for being part of your co-workers group text conversation even though you didn’t post a comment in a thread? The short answer is yes. I’m Muna Busailah, managing partner of the police defense firm Stone Busailah, and for decades we’ve...
Before Testifying Do This Thing FIRST
Before you testify in an administrative hearing in court or when giving a statement in an investigation, it is crucial that you review any and all materials that you have access to related to the incident. Why is that such a big...
Officer’s Criminal Conviction for Hacking Reversed
The Court found the “without authorization” clause protects computers from external threat actors, while the “exceeds authorized access” clause protects information from internal threat actors, or “hackers” within the organization who obtain information from areas where their access does not extend.
TRAINING Bulletins
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Social Media
LEGISLATIVE CHANGES
DISCIPLINARY APPEAL HEARINGS
Qualified Immunity
QUALIFIED IMMUNITY FOR UOF ON DISABLED- ODoan v. Sanford
K9 Use During Arrest Found Reasonable- Hernandez v. Town of Gilbert
Villanueva v. State of California -No QI for Cops Shooting at Slow-Moving Vehicle
Qualified Immunity Denied – Officer Used Knee to Secure SuspectJUNE 2020 – QUALIFIED IMMUNITY UNDER ATTACK
JUNE 2020 PRESS RELEASE – QUALIFIED IMMUNITY
APRIL 2018 – SUPREME COURT CLARIFIES & REFINES OFFICERS QUALIFIED IMMUNITY IN EXCESSIVE FORCE CASES
APRIL 2015 – ABSOLUTE IMMUNITY – AN OFFICER MAY NOT ALWAYS BE ABSOLUTELY IMMUNE FROM CIVIL LIABILITY
pursuits
pobra/ia investigations
MARCH 2019 – DIRECTIVE NOT TO CONTACT WITNESSES IMPROPER
MARCH 2019 – SUPREME COURT RULES “AIR TIME” OPTION IS NOT A PROTECTED RIGHT
JULY 2018 – WHO CAN INITIATE AN INVESTIGATION UNDER POBRA
JUNE 2018 – TRACKING POBRA’S ELUSIVE STATUTE OF LIMITATIONS DEFENSE
MAY 2018 – POBRA VIOLATED WHEN OFFICER NOT PROVIDED FULL REPORT
NOVEMBER 2016 – REMOVAL FROM SWAT TEAM NOT PUNITIVE ACTION
JULY 2016 – DISCOVERY ORDERS IN OFFICER’S APPEAL HEARING ARE “NOT APPEALABLE” BY CITY EMPLOYER
JUNE 2016 – POBRA TOLLING APPLIES TO CRIMINAL INVESTIGATIONS CONDUCTED BY EMPLOYER
MAY 2016 – TEN RULES OF ENGAGEMENT IN THE INTERNAL INVESTIGATORY AND DISCIPLINARY PROCESS IN 2016
DECEMBER 2014 – SUPREME COURT RULES POBRA HEARING OFFICERS MAY HEAR AND DECIDE PITCHESS MOTIONS
perb
fourth amendment
Tabares v. City of Huntington Beach CA Negligence Law is Broader than 4th Amendment Law
AUGUST 2019 – DETENTION FOR INVESTIGATION HOW LONG IS TOO LONG
JULY 2019 – WARRANTLESS BLOOD TEST FOR UNCONSCIOUS DRIVER ALLOWED
NOVEMBER 2018 – ENTRY INTO HOME BY “RUSE” NOT PERMITTED
JULY 2018 – SEARCH WARRANT NECESSARY TO OBTAIN CELL-SITE RECORDS
DECEMBER 2016 SEARCH OF OFFICER’S PERSONAL CELL PHONE MAY VIOLATE 4TH AMENDMENT
brady list
first amendment
JUNE 2019 – COURT RULES FOR POLICE OFFICERS IN FIRST AMENDMENT RETALIATION CLAIM
JULY 2018 – OFFICER’S IMPROPER REMARK ON FACEBOOK NOT PROTECTED BY 1ST AMENDMENT
AUGUST 2017 – EMPLOYER BAN ON OFFICER SPEECH VIOLATES FIRST AMENDMENT
JUNE 2014 – PUBLIC EMPLOYEE’S SWORN TESTIMONY IS ENTITLED TO FIRST AMENDMENT PROTECTION
MARCH 2014 -THE DAHLIA CASE- POLICE WHISTLEBLOWERS AND THE FIRST AMENDMENT IN THE NINTH CIRCUT
fifth amendment
second amendment
Personnel Records
use of force
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