William Bratton is taking over the helm of the NYPD, what should be his top priority?
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.
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.
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.
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.
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.
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.
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.
A person can frame a federal lawsuit against an officer under either the "special relationship" doctrine or the "state-created danger" doctrine.
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.
The Edwards rule applies to all officers and all cases - not just to the case on which the suspect invoked the right to counsel.
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.
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.
Officers can enter when it reasonably appears someone inside may need emergency aid, regardless of the officers' actual, subjective motivations for going inside.
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.
Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.
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 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.
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.
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.