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Also by Devallis Rutledge

Displaying 121  -  140  of  144

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.

Controlling Lawsuit Risks

February 1, 2005

Some law enforcement activities are more likely than others to generate citizen complaints, tort claims, and lawsuits (use of deadly or serious force, for example). But even routine detentions, searches, and arrests also present civil liability risks. What can you do to reduce the chances of becoming a defendant in a lawsuit?

The Waiting Game

January 1, 2005

In some cases, it’s necessary to take a suspect into custody as soon as you conclude that probable cause exists. But in other cases, making the arrest too quickly might not be advisable. Making an arrest triggers certain constitutional tests and starts the clock running on steps that have to be taken within specified times. Control and safety permitting, it may be best to delay making an arrest until the last practical moment.

Timing is Everything

December 1, 2004

The court has now ruled that the timing and other circumstances of an interrogation may undermine the effectiveness of the warning; if the warning is not "effective," the statement is still not admissible, even if the suspect waived and confessed.

Borderless Concealed Carry

November 1, 2004

What if local laws forbid you to carry a concealed weapon?

Stop and Identify

October 1, 2004

During a temporary detention, does a person have a duty to identify himself or herself to the detaining officer? Can a person be arrested for refusing to do so? The answer to both questions is, "Sometimes."

Undercover Interrogation

August 1, 2004

The admissibility rule of Miranda v. Arizona generally dictates that you give the standard warning and get a voluntary waiver before interrogating a suspect in custody. But not always.

Incident to Arrest

July 1, 2004

A new Supreme Court ruling expands officers’ vehicle search capabilities.

Courtroom Conduct

June 1, 2004

After all you've gone through to make the collar and get the case prosecuted, the last thing you need is to cause a mistrial because of some miscue around the courthouse when your arrestee is on trial.

Hearsay and Confrontation

May 1, 2004

Hearsay rules confound police, lawyers, and judges alike. "Hearsay" is a statement made outside the courtroom that might be true or false, repeated in court to prove that it was true.

Massiah Vs. Miranda

April 1, 2004

Miranda, Miranda, Miranda. Sometimes, we spend so much time on this one aspect of interrogation law that we tend to forget there are three other constitutional tests of admissibility of a suspect's statement.

Vehicle Checkpoints

March 1, 2004

The U.S. Supreme Court recently considered whether it was permissible under the Fourth Amendment for law enforcement officers to locate witnesses to a fatal hit-and-run accident by setting up a checkpoint to stop vehicles.

Knock Before Entry

February 1, 2004

Is it always necessary to comply with knock notice before forcing entry to serve a search warrant?

Use of Force on Prisoners

January 3, 2004

Documentation and self-control are the keys to protecting yourself against charges of unreasonable force on persons in custody.

Eyewitness Identification

December 1, 2003

A pretrial identification procedure is considered too unreliable if it is "so impermissibly suggestive as to give rise to a very substantial likelihood of misidentification."

Officer Safety Searches

November 1, 2003

Obviously, no reasonable officer is going to risk his or her personal safety or the public safety in order to satisfy rules regulating the admissibility of evidence in a criminal trial, or even to avoid personal civil liability.

Chief Accountability

October 1, 2003

Sometimes the man or woman in charge shoulders the blame, even when not personally involved in an incident.

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