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Search Result: Fourth Amendment

Displaying 81  -  100  of  107

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.

Surveillance Technology: An End to Stakeouts?

December 14, 2010

Modern surveillance techniques still use the old methods, but technology can make the process both easier and more likely to yield good results.

Connecticut Man Claims Officer 'Sexted' From His Phone

November 30, 2010
William Vasilakos, 39, filed the suit against officer Michael Presti, according to documents posted to The Smoking Gun. The department in investigating the claim.

SCOTUS To Decide Whether Officers Need Warrant To Conduct Sex Abuse Interviews at School

October 21, 2010
The Supreme Court has agreed to hear Camreta v. Greene, an Oregon case centering on a whether a child protective services caseworker and deputy sheriff violated the Fourth Amendment when they interrogated a child who alleged sexual abuse in a private office at the child's school for two hours without a warrant, exigent circumstances or parental consent.

Judge Won't Dismiss Challenge to Arizona's Immigration Law

October 13, 2010
In her ruling, U.S. District Court Judge Susan Bolton found that "race, alienage, or national origin discrimination was a motivating factor in the enactment of S.B. 1070."

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.

U.S. Supreme Court Allows PDs to Search Officer Pagers

June 17, 2010
The Ontario (Calif.) Police Department fired Sgt. Jeff Quon after an internal audit determined he had sent a flurry of personal text messages using his department-issued pager.

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.

U.S. Supreme Court Hears SWAT Texting Case

April 20, 2010
U.S. Supreme Court justices began discussing the merits of the firing of a California SWAT sergeant for receiving sexually explicit text messages on his department-issued pager.

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.

Ohio Supreme Court Rules Warrant Needed To Search Cell Phones

December 17, 2009
Ohio patrol officers looking to gather evidence from the cell phones of people they question will now need a search warrant, following a ruling by that state's high court.

U.S. Supreme Court Will Hear LE Texting Case

December 14, 2009
The nation's high court will hear a case involving a California SWAT sergeant who was fired for using his departmental pager to transmit sexually explicit messages to his wife.

Fourth Amendment Supremacy

June 1, 2008

Evidence discovered during a search incident to an arrest supported by PC is not suppressible in the majority of state courts.

Unmixing Mixed-Up Concepts

January 1, 2008

How many times have you heard the expression "PC for the stop"? How about the application of Miranda once the suspect is "not free to leave?" These are common examples of improper mixing that can undercut the case against a guilty perpetrator.

Clearing Up Knock-and-Announce Confusion

August 1, 2007

The detective rapped on the front door. Then three seconds later, instead of waiting for a resident to answer, one of the officers on his team kicked in the door. They had expected to find a meth lab in the apartment, but the man and woman they'd awakened in the middle of the night and handcuffed had committed no crimes. The officers had raided the wrong apartment.

Reasonable Execution of Search Warrants

August 1, 2007

A search conducted under a valid search warrant can still violate the Fourth Amendment if it is conducted in an unreasonable manner. "It is incumbent upon the officer executing a search warrant to ensure the search is lawfully authorized and lawfully conducted." (Groh v. Ramirez)

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.

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."

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.”

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