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Also by Devallis Rutledge

Displaying 1  -  20  of  152

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.

Reduce Negative Impact of Miranda

March 11, 2014

Has Miranda v. Arizona adversely affected criminal justice and public safety? Miranda has resulted in the inability to clear a quarter-million homicides, 1 million rapes, 5 million robberies, and 9 million aggravated assaults.

Constitutional Home Entry

February 10, 2014

Private residences enjoy the highest levels of Fourth Amendment protection against governmental intrusion. Here are the 10 most common ways to get inside a home without violating the Fourth Amendment.

Chasing Misdemeanants

January 6, 2014

Some search-and-seizure rules are not very clear, and state and local federal courts might apply them differently. How can you be expected to pick and choose the right rule on an issue for which there doesn't seem to be just one "right" rule?

Visual Enhancement and the Fourth Amendment

December 6, 2013

What if an object only comes into plain view after an officer shines a flashlight or spotlight into an area, or looks through binoculars? Does this use of sense-enhancing devices make a difference in the Fourth Amendment calculation of reasonableness?

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