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Conducting unreasonable searches and seizures doesn't automatically jeopardize a case or the evidence involved.
June 25, 2007
The U.S. Supreme Court has said that "Because many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. But the mistakes must be those of reasonable men, acting on facts leading sensibly to their conclusions of probability." (Brinegar v. U.S.) Read Full Article
author: Devallis Rutledge | posted @ Monday, June 25, 2007 5:27 PM |
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June 25, 2007
The circumstances under which a vehicle may be impounded by a law enforcement officer may be described in city or county ordinances, state statutes, and departmental policies. But even when a vehicle is authorized to be impounded under such provisions, the impoundment may still be an unreasonable seizure of property under the Fourth Amendment. Read Full Article
author: Devallis Rutledge | posted @ Monday, June 25, 2007 5:24 PM |
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You can conduct a search without a warrant under certain circumstances.
May 14, 2007
Unless you are searching under authority of a judicial warrant, you are presumed to be violating the Fourth Amendment. To rebut this presumption and avoid both civil liability and suppression of evidence, you have the burden of establishing that your warrantless search was justified under one or more of the recognized exceptions. Read Full Article
author: Devallis Rutledge | posted @ Monday, May 14, 2007 11:42 AM |
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Sometimes you have to resort to trickery to get confessions from suspects.
May 14, 2007
It might be nice if law enforcement officers never had to lie to a criminal suspect in order to solve a crime. In fact, some police advisors do suggest to officers that they should never mislead a suspect. Unfortunately, the reality is otherwise. Read Full Article
author: Devallis Rutledge | posted @ Monday, May 14, 2007 11:33 AM |
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