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Also by Devallis Rutledge

Displaying 1  -  20  of  144

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?

Searching “Fleeting Targets”

November 11, 2013

A fleeting targets search may be made at any time and any place where you have lawful access and PC.

Video and You

October 2, 2013

If you aren't speaking and behaving at all times in public the way you want to appear when you're uploaded on YouTube, you could have some unpleasant surprises in store.

When Silence is Golden

September 2, 2013

Whenever you see or hear a suspect doing or saying something an innocent person would not, your observations should go into your reports. The suspect's selective silence can sometimes indicate a consciousness of guilt.

Open Wide and Say, "Ahhh"

August 5, 2013

Under what circumstances would the Fourth Amendment allow routine collection of DNA samples upon arrest and booking? A recent Supreme Court decision addressed this issue.

When Miranda Doesn't Matter

July 2, 2013

Miranda warnings should not be given when they aren't legally necessary such as when information is urgently needed to protect the safety of officers or the public, or to rescue a victim.

Forced Blood From Impaired Drivers

June 7, 2013

The Supreme Court has made it more difficult for law enforcement officers to obtain the most probative evidence of impaired driving—a measure of the alcohol concentration in a sample of the suspect's blood.

Dogs, Drugs, and the Fourth Amendment

May 3, 2013

Two cases from Florida have brought the U.S. Supreme Court to two different conclusions regarding K-9 searches in 2013. One is an affirmation of existing practice, but the other breaks new ground and imposes new limits.

Search Warrant Detentions

April 30, 2013

When you make a search of premises under authority of a search warrant, it is generally permissible to detain the occupants pending completion of the search. The authority to do so, and the rationale supporting detention, were limited by a 2013 decision.

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