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Search Result: Fourth Amendment

Displaying 81  -  100  of  100

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.”

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.

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.

Does Miranda Bear Poisonous Fruit?

September 1, 2004

More than a handful of judges, lawyers, and police officers mistakenly thought of Miranda as some sort of judicial rule about how police officers are required to conduct interrogations.

Knock Before Entry

February 1, 2004

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

A Fine Line

March 1, 2003

When does a voluntary conversation between a citizen and an officer become a seizure?

Breaking and Entering

May 1, 2002

As the number of tactical teams across the nation has increased for the past several years, the number of lawsuits being brought against tactical teams has also risen dramatically.

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