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.
Plaintiffs’ attorneys may now seek to maintain lawsuits against officers and their agencies for eliciting incriminating statements from a defendant in certain situations.
After Apr. 19, officers and agencies could incur liability for vehicle searches incident to arrest that do not fall within the Gant guidelines.
Officers who fall behind on core training and who stop getting regular updates on recent case law become a civil liability to themselves and their employers.
Although it's common to see the term "stop and frisk," it's possible that there might be justification for a stop, but not for a frisk.
What the exclusionary rule has actually meant in practice is that thousands (maybe millions) of criminals have been able to stop the prosecution from using critical evidence of their guilt to hold them accountable for their crimes.
Before traveling to another state where you intend to carry off duty, do a little research and inquire about local laws regulating firearms possession on private property.
Because warnings are only required prior to custodial interrogation, one way to minimize the adverse impact of Miranda on investigations is to try to conduct interrogations whenever possible in non-custodial settings.
Notwithstanding the explosion of youth criminality, the court has largely continued to treat juvenile offenders in a more lenient and paternalistic fashion than adults.
Testifying might be unfamiliar territory, but a few tips can make it less painful.
Much of what I learned in basic academy in the late 1960s is no longer good law. If I were still operating on the basis of 40-year-old understandings, I wouldn't be very effective.
"The first duties of the officers of the law are to prevent, not to punish crime. It is not their duty to incite to and create crime for the sole purpose of prosecuting and punishing it." — U.S. Supreme Court, Sorrells v. U.S.
In your search warrant affidavits, your reports, and your testimony you have to lay out the basis of your suspicions and justify every detention, arrest, search, seizure, entry, and use of force.
Ever since the 1964 U.S. Supreme Court decision in Massiah v. U.S., it has been the rule that any statements about a crime that were deliberately elicited from the suspect by a government official or undercover agent, after the Sixth Amendment right to counsel had “attached” and been asserted, could not be used at trial to prove guilt.
You must act with considerable discipline and restraint when loudmouths try to demean and upset you with offensive language and gestures.
Evidence discovered during a search incident to an arrest supported by PC is not suppressible in the majority of state courts.
Crooks often commit multiple crimes. When you make an arrest and get ready to begin interrogating, you will normally administer the four-part Miranda warning. But if you want to ask questions about more than one crime you think your suspect committed, do you have to inform him of all possible topics of discussion? The short answer is, "No."
Just because a prosecutor declines to file or a grand jury declines to indict does not necessarily mean there has been a bad arrest. Proving guilt in a criminal trial requires the prosecutor to meet a much higher burden than the arresting officers, by proving the charges beyond a reasonable doubt.
The general rule-of-thumb is to try to get a warrant whenever possible. On the other hand, if you can seize evidence without engaging in a search, you don't need either a warrant or any exception.