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Also by Devallis Rutledge

Displaying 101  -  120  of  140

30th Anniversary: High-Impact Decisions

October 1, 2006

Every U.S. Supreme Court decision on the criminal justice provisions of the Constitution (especially the Fourth, Fifth, Sixth, and Fourteenth Amendments) is important to law enforcement, but some have a more significant day-to-day impact on police work than others.

Parole and Probation Searches

September 1, 2006

After pussyfooting around the issue for years, the U.S. Supreme Court has finally come to a decision on what justifies a probation or parole search.

Knock Notice After Hudson

August 1, 2006

Never mind the headlines and the editorials proclaiming that the Supreme Court did away with the knock-and-announce requirement for execution of search warrants in the recent case of Hudson v. Michigan. The court did no such thing.

Entry to Quell a Disturbance

July 1, 2006

Any law enforcement entry into private premises, including a residence, or an office or other commercial area that is not open to the public, is governed by the Fourth Amendment. Officers may make lawful entry only in four ways, and the consequences of unlawful entry can include suppression of evidence and civil liability.

Anticipatory Search Warrants

June 1, 2006

Can you get a search warrant in advance that will authorize you to enter and search for the suspected items once the designated time arrives or the triggering event occurs? According to a 2006 U.S. Supreme Court decision, the answer is, yes.

Third Party Consent Searches

May 1, 2006

One of the "firmly established exceptions" to the warrant requirement for searches and seizures is the "consent exception."

Keeping the Peace During Civil Disputes

April 1, 2006

Although it’s tempting to take sides on certain calls, doing so can have major repercussions for you and your agency.

Seizing Evidence in Plain View

March 1, 2006

The Fourth Amendment governs three forms of activity: searches (intrusions into privacy), seizures of the person (detentions and arrests), and seizures of property. If these acts are not authorized by judicial warrant, they must come within one or more of the court-created exceptions for warrantless search and seizure (Katz v. U.S.). One of these exceptions is called “plain view.”

Right to Counsel

February 1, 2006

Law enforcement officers are quite familiar with the court-created "right" to counsel established by the Miranda opinion, to protect the Fifth Amendment trial privilege against compelled self-incrimination. But it applies only during police custodial interrogation.

Davis Rules

January 1, 2006

In a fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part-way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer.

Taking Evidence from the Suspect

December 1, 2005

A criminal suspect has a Fifth Amendment right not to be compelled to incriminate himself, so he cannot be forced to make a statement. But if he is lawfully in custody, he can be compelled to submit to particular tests or to provide exemplars of his physical attributes. Under some circumstances, he can also be compelled to behave in certain ways (“modeling”) in order to assist in identification.

Residential Protective Sweeps

November 1, 2005

There's always a risk that when a Supreme Court decision discusses two or more major points, those points may get blurred. One familiar example is Terry v. Ohio, which is often cited as the opinion that gave us the "stop and frisk" rule.

Public Safety Searches

October 1, 2005

For at least 10 years, it has been clear that terrorists favor targeting transportation systems, high-density population venues, and symbolic structures.

Investigative Traffic Stops

September 1, 2005

Most traffic stops are routine. You see a moving or equipment violation, make the stop, and issue a citation or warning. Everything’s over in 10 minutes or so.

Searching Third-Party Residences

August 1, 2005

Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.

Resumption of Questioning

July 1, 2005

Once a custodial suspect has been given Miranda warnings, there are three basic options he can choose to exercise: (1) waive his rights and agree to talk, (2) invoke his right to remain silent, or (3) invoke his right to counsel. The suspect’s response determines whether, and under what circumstances, he can later be re-approached by law enforcement officers to obtain an admissible statement.

K-9 Sniffs and the Fourth Amendment

June 1, 2005

Under what circumstances is it permissible to use a dog to try to detect the presence of narcotics or dangerous substances without prior suspicion? The Supreme Court has considered this issue in three decisions.

Holding Back Home Occupants

May 1, 2005

When you go into a suspect’s home to execute a search warrant, it’s not uncommon to find several people present, whether suspects, family members, or others. Sometimes, occupants may outnumber officers on the scene. This can create problems of safety and control, making it more difficult to carry out the search. Realizing this, the Supreme Court has provided guidelines on the ability of officers to detain, handcuff, and question occupants while a search takes place.

Arresting Foreign Nationals

April 1, 2005

The world is, as they say, getting smaller. International travel and relocation are commonplace, which means that police officers everywhere are more likely to encounter crime victims, witnesses, and suspects who are not U.S. citizens. Because of federal law, special procedures may sometimes apply when dealing with foreign nationals.

ID'ing with Surveillance Photos

March 1, 2005

By now, most banks and convenience stores have installed video cameras or still cameras to preserve evidence of any criminal event. Following a robbery or other crime, law enforcement officers can use the surveillance video or photos to trace the crook and put together a photo array or lineup to be displayed to witnesses for identification.

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