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Police reform has been at the forefront of protests the past few weeks, following the death of George Floyd in Minneapolis.The qualified immunity doctrine is getting a lot of attention.“Qualified immunity is a doctrine that was created by the Supreme Court in 1967 in a case called Pierson v. Ray, and when the Supreme Court announced the existence of qualified immunity, they described it as a good faith defense,” Joanna Schwartz, a professor at the UCLA School of Law, said.However, there have been debates on how this doctrine can be used.In recent weeks, Congressman Justin Amash proposed the “Ending Qualified Immunity Act” (H.R. 7085).“Qualified immunity is just another example of a justice system that is not working for people, and preventing people from getting the redress they deserve,” Representative Justin Amash (L-Michigan) said.So, we dove into qualified immunity with Joanna Shwartz, a law professor who studies civil rights litigation, and Justin Smith, a sheriff in Larimer County, Colorado.“Qualified immunity first of all has nothing to do with criminal immunity,” Sheriff Justin Smith said. Smith has been with the Larimer County Sheriff’s Department for nearly three decades.“Who in their right mind would build a career on running towards gun fire and confronting an armed suspect? Why would you do it without some type of civil protection?,” he explained.We sat down with him as he explained why qualified immunity is important for his officers. “I’d simply ask the question to the average American, is a police officer expected to be perfect in all of their actions in a split second?,” he asked. Smith said without qualified immunity, one incorrect decision made by an officer could cost a lot. “If you didn’t call that exactly right by one judges interpretation, that's a lawsuit,” he said.“Every time the officer puts on the shirt, the badge, straps on the firearm, comes to work, every action they take responding to a case essentially is as if they went to Vegas and they walked up to the table, placed a five dollar bet, and in Colorado for example, would cost them up to 0,000. Who's going to make that bet?,” Smith explained.However, those who want qualified immunity removed say the doctrine has changed over the years and it’s not necessary to protect officers who act in good faith when it comes to protection of rights.“Concerns about split second decision making...are already protected from liability by the Supreme Court's construction of what the Fourth Amendment allows. Qualified immunity is unnecessary to do that,” Schwartz explained.She went on to explain why she believes that qualified immunity isn’t necessary for the protection of money, either. “I studied lawsuit payouts across the country over several years, I found that police officer personally contributed .02 percent of the total dollars paid to plaintiffs,” she said.Schwartz said while the doctrine was originally created as a good faith defense, it has changed over the years to make it harder for people to file lawsuits against officers. “In order to defeat qualified immunity, find a prior case with virtually identical facts in which a court announced that that conduct was unconstitutional,” she said.Which has been an issue for James King from Michigan, who told a reporter he was assaulted by an officer in plain clothes in a mistaken identity case. The incident was caught on camera back in July 2014. “The simple fact is the majority of this time this situation happens to anyone, they have no recourse,” King said.Officers are often forced to make decisions in a split second. “This is a risk taking profession,” Smith said. “We can say the criminal justice system isn't perfect and that's accurate. Nothing in society is perfect. I think it’s overall improved significantly over the years.”But Schwartz thinks officers acting in good faith can be protected by other measures.“Qualified immunity is not necessary or well suited to play that role in weeding out insubstantial cases,” she said.Both Smith and Schwartz agree that when looking at proposed changes to qualified immunity on the federal and state level, it’s important to look at what officers the bill is including -- whether that be local, county, state, or federal officers.“Congress’ bills at this moment only end qualified immunity for state and local officials,” Schwartz explained. “As we are thinking about state and local law enforcement, we should not overlook the role of federal law enforcement and other government officials.” 4534

OTAY MESA, Calif. (KGTV) - A "temporary area restrictions" ban has been issued ahead of President Donald Trump's scheduled visit to Otay Mesa this month.The San Diego Sheriff's Department requested the ban in anticipation of possible demonstrations surrounding the president's visit to view prototypes for his long-promised border wall."It has been widely advertised that there will be a Presidential visit to San Diego during the second week of March. This visit may prompt individuals and groups with contrasting opinions to gather in the area near the Border Wall Prototype Construction in Otay Mesa," an SDSO release said.RELATED: President Trump to visit California next weekThe restrictions, in place from 9 a.m. March 9 to 9 a.m. March 16, ban the presence of a variety of items that could be used as a weapon during a fight or riot, according to SDSO.The order bans "firearms, knives, daggers, clubs, pepper spray, mace, axes, picks, axe and pick handles, explosives, slingshots, bricks, rocks, baseball bats, shields, ice picks,fireworks, Tasers, bear spray, poles, sticks, dowels, boards (including, but not limited to when used for flags, signs and banners), glass bottles or containers, and any items generally considered as an implement of riot that can be used as a weapon for example chains or hose."Those items will be restricted from the east side of Enrico Fermi Drive from Airway Road to Via de la Amistad, Enrico Fermi Place, Airway Rd., Siempre Viva Rd., the public road from Airway Rd. to Siempre Viva Rd., and Via de la Amistad east of Enrico Fermi Dr.RELATED: Trump's comments leave gun debate paused in CongressSheriff's deputies will make anyone in possession of those items return them to their vehicles or dispose of them prior to entering the restricted area.Retired law enforcement professional and security expert Wayne Spees told 10News it appears SDSO is preparing for attendees looking to do more than just exercise their right to protest."This doesn’t mean there has been a specific threat, but more of a precautionary measure. Specifically, someone could use the distraction of a large crowd to instigate violence.  Local law enforcement’s main priority is public safety," Spees said. "They will want to give people the right to exercise free speech in addition to making sure it is done safely and lawfully."Spees added that none of the restricted items are "required for people to voice their opinion."RELATED: Mixed reaction to Trump administration suing CA over sanctuary lawsSeveral areas will be restricted to traffic as well.No parking zones will be issued for the east side of Enrico Fermi Drive from Airway Rd. to Via De La Amistad, the north and south sides of Airway Rd., east of Enrico Fermi Dr. to Kellianne Way, Enrico Fermi Place from Enrico Fermi Dr. to Kellianne Way, and Siempre Viva Rd. east of Enrico Fermi Dr.Traffic will be outright closed at Siempre Viva Rd. east of the CHP Inspection Facility driveway, Kellianne Way to Siempre Viva Rd., and Enrico Fermi Place from Enrico Fermi Dr. to Kellianne Way. 3124

PARKLAND, Florida — As students at Marjory Stoneman Douglas High School return from spring break, they will face several new security changes at the school.On Monday, students will receive clear backpacks for free, and the superintendent says those will be the only backpacks allowed on campus.The thousands of students at the school will also now wear a school identification badge everywhere on campus.This comes after the deadly school shooting in February that killed 17 people, but also after a series of incidents the week leading up to spring break.Two students were charged with bringing weapons on campus, and a third made a threat on social media.Deputies also arrested the confessed shooter’s brother for trespassing on the school property. Zachary Cruz pleaded no contest Thursday and sentenced to time served and six months of probation.A Broward County sheriff’s deputy was also suspended for allegedly sleeping in his patrol car while on duty at the school.Florida Highway Patrol will also have eight troopers stationed at the school entrances. The Broward County School district is providing additional security as well.This district will also consider metal detectors, metal detector wands, and trying to consolidate the point of entry for students and staff.The memorial that honored their classmates for the past six weeks is no longer there. Over spring break, it was cleaned up and moved so the items can be preserved. 1457

PERRIS, Calif. (KGTV) - Riverside County Sheriff’s deputies found dogs and weapons Thursday as they raided illegal marijuana growing operations in the city of Perris. Thirty-two search warrants were served at illegal farms, according to the RCSO Twitter feed. Deputies found a drug lab, 37 guns, and 14.9 tons of marijuana. Twenty-seven people were arrested, officials said. “The dogs are ok,” deputies reported on Twitter. Officials said there was also no threat to public safety.No further details were released. 522

PINE VALLEY, Calif. (KGTV) -- Three men riding in the trunk of a car during an apparent human-smuggling attempt in the East County highlands were injured Tuesday, one seriously, when the driver crashed the sedan at high speed while trying to evade the U.S. Border Patrol.The 18-year-old driver of the orange Mazda 6 sped off when federal personnel directed him into a secondary inspection area at a USBP checkpoint on Interstate 8 in Pine Valley about 11:45 a.m., according to the California Highway Patrol.Border Patrol agents gave chase, tailing the car to the west as the young man fled at speeds exceeding 100 mph, CHP public-affairs Officer Travis Garrow said.RELATED: Two DACA recipients arrested for involvement in human smuggling?Near state Route 79, the suspect lost control of the sedan while trying to use the southern shoulder of I-8 to pass slower-moving traffic.  The Mazda veered off the north side of the freeway, struck a wooden post and tumbled down a grassy embankment, overturning on the way down before coming to rest on its wheels.One of the occupants of the trunk, a 31-year-old man, was ejected during the crash and was badly hurt, Garrow said.The other two, ages 27 and 19, suffered moderately serious injuries. Medics took all three to Sharp Memorial Hospital in San Diego.RELATED: 19 in custody after horse trailer smuggling immigrants overturns on San Diego highwayThe driver, who escaped the wreck unscathed, was taken into custody by Border Patrol agents, Garrow said. The suspect's name was not immediately released.High-speed chases are on the rise. In early March, a Ford Expedition crashed with four people inside, two were ejected when it overturned in almost the same location.Early April saw a truck pulling a horse trailer try to get away from pursuing agents; 19 people were stuffed inside that trailer.Six were hurt when it rolled over about 55 miles east of San Diego, also on I-8. Now another chase and crash. 1974

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