FREE e-Newsletter
Important News - Hot Topics
Get them Now!

William Bratton is taking over the helm of the NYPD, what should be his top priority?





Also by Devallis Rutledge

Displaying 41  -  60  of  137

K-9 Drug Detection Cases

January 3, 2011

In the usual case, both the seizure and the search must be reasonable under the Fourth Amendment in order for the evidence to be admissible. The U.S. Supreme Court and federal appeals courts have considered both issues when officers have used K-9s to detect contraband.

Vehicle Searches: Where and When?

December 1, 2010

It would be great if there were a single, simple rule to tell you where and when you may lawfully search a vehicle for contraband or evidence. Unfortunately, there are multiple rules, and sometimes more than one of them may apply.

Avoid Defective Search Warrants

November 11, 2010

Flaws in a warrant that are so obvious you should have recognized them can doom your search and seizure and eliminate the usual "good faith" protection.

Second Amendment v. Gun Control

October 1, 2010

As a result of these back-to-back rulings from the Supreme Court, neither the federal government nor any city, county, or state may enforce any law that creates a blanket prohibition against the possession of firearms by an individual in the home.

Electronic Privacy on the Job

September 3, 2010

Increasingly, law enforcement agencies issue electronic communication and information equipment to employees for their use in performing official duties. Access to and use and monitoring of the information stored or transmitted by means of such devices may be subject to a variety of employer policies, state and federal statutes, constitutional provisions, and case law.

Miranda Invocation and Waiver

August 10, 2010

If a suspect wants to assert either his right to counsel or his right to silence, it is up to him to do so, unequivocally and unambiguously.

The 'Independent Source' Doctrine

July 30, 2010

If you can identify two or more ways to justify a detention, arrest, search, or entry, you increase the odds that at least one of them will be upheld in court.

Exclusive: What the Supreme Court's New Miranda Decision Means to You

June 2, 2010
This significant new decision firmly establishes that once a suspect has received the Miranda warnings and indicates that he understands his rights, officers are not required to ask whether he wishes to waive or invoke but may simply start asking questions about the case.

Liability for Failure to Protect

June 1, 2010

A person can frame a federal lawsuit against an officer under either the "special relationship" doctrine or the "state-created danger" doctrine.

Understanding Probable Cause

May 18, 2010

Probable cause is much less than proof "beyond a reasonable doubt," which the prosecutor must meet in order to convict a defendant. But PC is something more than the "reasonable suspicion" required to justify a temporary investigative detention.

Rewriting the Edwards Rule

May 7, 2010

The Edwards rule applies to all officers and all cases - not just to the case on which the suspect invoked the right to counsel.

Miranda Wording

April 1, 2010

One indication of the enduring misunderstanding of the Miranda jurisprudence is the fact that after 44 years, state and federal courts continue to litigate the adequacy of dozens of variations of the particular wording used by officers - and continue to get reversed by the Supreme Court.

Justifying Temporary Detentions

March 2, 2010

When a marked police car pulls into a high-crime area and people start running away for no apparent reason, this is reasonable suspicion to stop them.

The "Emergency Aid Doctrine"

February 5, 2010

Officers can enter when it reasonably appears someone inside may need emergency aid, regardless of the officers' actual, subjective motivations for going inside.

Beware of False Headlines

January 20, 2010

So far, the U.S. Supreme Court has left it to the states and the federal appellate circuits to make their own rulings on the issue of whether officers may make a stop to investigate a reported drunk driver, without having any independent observations to corroborate the anonymous tip. This has led to a split of authority on the issue.

Premature Miranda Warnings

December 14, 2009

Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.

In-Home Arrest Searches

November 19, 2009

With reasonable suspicion that someone on the premises might endanger officers during the arrest or as they departed, officers could conduct a "protective sweep" of the entire premises, looking only into areas where a person could be concealed.

Public School Searches

October 19, 2009

Public school officials are entitled to search the student if there are reasonable grounds for suspecting the student of violating the law or any school rule. But once law enforcement officers become involved, higher justification standards will apply.

The Whole World is Watching

September 17, 2009

Twitter, MySpace, Facebook, YouTube, LinkedIn, and thousands of other social networking Websites carry information that can be accessed by criminals and their attorneys, as well as by employers.

Sixth Amendment Waivers

August 7, 2009

It will now be possible for law enforcement officers to attempt to obtain a waiver and an admissible statement from a defendant without running afoul of the Sixth Amendment.

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of over 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine