Legal Update

Legal Update May/June 2021

Larry E. Holtz, Esq. An Unsuccessful Attempt to Stop a Suspect Is a “Seizure” In Torres v. Madrid (US 3-25-21), the United States Supreme Court addressed the question of whether a seizure occurs when an officer shoots someone who temporarily eludes capture after the shooting. The answer, according to the Court, is “Yes. The application of physical force to the body of a person with intent to restrain is a seizure, even if the force does not succeed in subduing…

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Legal Update

Larry E. Holtz, Esq. A First Amendment Right to Record the Police   “Every Circuit Court of Appeals to address this issue . . . has held that there is a First Amendment right to record police activity in public.” With major advances in technology and the widespread ownership of smartphones, civilian recording of police officers has become common place. Recently, in Fields v. City of Philadelphia (3rd Cir. 2017), the Third Circuit joined a growing array of federal circuit…