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Also by Devallis Rutledge

Displaying 1  -  20  of  156

Reasonable Force

November 3, 2015

In the age of ubiquitous video and mushrooming oversight, how can you ensure that your use of force does not bring unwanted discredit upon you, your department, and the entire profession? The same as always: Know the law, and comply with it.

Flight and the Fourth Amendment

October 7, 2015

Sometimes, people run when they see you coming. May you chase them? If you do, does that amount to a "show of authority" constituting a detention, requiring reasonable suspicion?

Reasonable Suspicion

September 2, 2015

In some cases, the U.S. Supreme Court has ruled that particular searches and seizures need only "reasonable suspicion" to be constitutional—not the higher justification level of probable cause. What's the difference, and when is reasonable suspicion sufficient?

Hotel/Motel Registry Checks

August 21, 2015

A supreme court decision might have the adverse effect of making it easier for motels conspiring with criminals to thwart police investigations. 

Entries and Civil Liability

July 7, 2015

Fortunately, the Supreme Court recently overturned two federal court rulings that had exposed officers to potential liability in cases involving warrantless entries.

Unlawfully Prolonged Traffic Stop

June 18, 2015

Is it OK under the Fourth Amendment to turn a traffic stop into a criminal investigation? Of course it is, provided the justification for the additional investigation is developed during the reasonable duration of the traffic stop—not after.

Admonitions and Waivers

May 4, 2015

Most of your communications with criminal suspects are "unscripted" dialogue. But in certain situations it can be very important that you say the right words, at the right time, to avoid creating problems for yourself, your agency, and your prosecutor.

Search Warrant Basics

April 28, 2015

There are good reasons why officers need to become more comfortable with writing search warrant applications, and to delay non-emergency searches until warrants can be obtained.

Getting Your Case Filed

March 5, 2015

Although the prosecutor's decision to decline to pursue a prosecution could be for a variety of reasons, there are steps you can take to ensure that a rejection is not based on your police work on the case.

Mistake of Law: To Err Is Human

February 27, 2015

In a series of cases, the court has upheld searches and seizures made by officers who were mistaken in their understanding of the facts they confronted, or as to the law to be applied.

Legal Issues With Body Cams

January 26, 2015

Recent events have accelerated law enforcement's timetable for adopting wearable audio-video recording devices. But using this technology has legal ramifications that have to be understood by criminal justice stakeholders.

Understanding Fourth Amendment "Standing"

December 3, 2014

A defendant cannot suppress evidence if he cannot show that his own legitimate rights were violated in the way it was obtained.

The 5 Biggest Search-and-Seizure Myths

November 11, 2014

Ever since the U.S. Supreme Court made the Fourth Amendment exclusionary rule binding on the states in the 1961 decision in Mapp v. Ohio, thousands of published decisions from state and federal courts have applied the exclusionary rule to thousands of searches and seizures. It's no wonder the 50-year tidal wave of exclusionary decisions has left confusion and misunderstanding in its wake. Here are five areas of the law that seem to suffer the most in translation.

The 5 Biggest Miranda Myths

October 28, 2014

Some myths that have sprouted from Miranda have shown so much inertia that the Supreme Court has had to keep coming back to try to knock them down. Here are five of the most persistent.

Vehicle Pursuits and Deadly Force

September 4, 2014

For the third time in 10 years, the U.S. Supreme Court has given us guidance on the kinds of circumstances that may justify the use of deadly force to stop a dangerous driver.

Why You Should Double Check for Accuracy

August 8, 2014

Although law enforcement officers are given considerable leeway for reasonable mistakes, you don't get much slack for unreasonable mistakes that result from hasty reactions to bad information that comes from your own official sources.

Cell Phone Search Incident to Arrest

July 11, 2014

Just when it looks like a rule is finally refined to the point of general understanding, the Supreme Court takes an unexpected turn, as it recently did on the subject of searching an arrestee's cell phone incident to his arrest.

How SCOTUS Cell Phone Search Warrant Ruling Affects You

June 26, 2014
On June 25, the Supreme Court ruled that the well-established exception permitting some searches incident to arrest does not apply to data searches of the arrestee's cell phone. But there are some details that you should know.

Stop and Frisk?

May 1, 2014

Many people who use the term "stop and frisk" fail to realize that there actually is no such concept in the law, and that the phrase "stop and frisk" couples two constitutionally distinct activities that do not necessarily coincide. This misunderstanding is easily traced to the coincidence in Terry v. Ohio.

Consent Entry After Refusal

April 1, 2014

The question of who can give valid consent to enter and search private premises has been the subject of numerous Supreme Court opinions.

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