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Search Result: Point of Law

Displaying 41  -  60  of  145

'Don't Talk To My Client!'

February 7, 2011

The Constitution does not forbid you to talk to a person just because that person has an attorney, or just because the attorney tells you not to do it. Instead, the law focuses on whether the suspect is willing to talk without his or her attorney present.

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.

Vehicle Searches: Where and When?

December 1, 2010

It would be great if there were a single, simple rule to tell you where and when you may lawfully search a vehicle for contraband or evidence. Unfortunately, there are multiple rules, and sometimes more than one of them may apply.

Avoid Defective Search Warrants

November 11, 2010

Flaws in a warrant that are so obvious you should have recognized them can doom your search and seizure and eliminate the usual "good faith" protection.

Second Amendment v. Gun Control

October 1, 2010

As a result of these back-to-back rulings from the Supreme Court, neither the federal government nor any city, county, or state may enforce any law that creates a blanket prohibition against the possession of firearms by an individual in the home.

Electronic Privacy on the Job

September 3, 2010

Increasingly, law enforcement agencies issue electronic communication and information equipment to employees for their use in performing official duties. Access to and use and monitoring of the information stored or transmitted by means of such devices may be subject to a variety of employer policies, state and federal statutes, constitutional provisions, and case law.

Miranda Invocation and Waiver

August 10, 2010

If a suspect wants to assert either his right to counsel or his right to silence, it is up to him to do so, unequivocally and unambiguously.

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.

Liability for Failure to Protect

June 1, 2010

A person can frame a federal lawsuit against an officer under either the "special relationship" doctrine or the "state-created danger" doctrine.

Rewriting the Edwards Rule

May 7, 2010

The Edwards rule applies to all officers and all cases - not just to the case on which the suspect invoked the right to counsel.

Miranda Wording

April 1, 2010

One indication of the enduring misunderstanding of the Miranda jurisprudence is the fact that after 44 years, state and federal courts continue to litigate the adequacy of dozens of variations of the particular wording used by officers - and continue to get reversed by the Supreme Court.

Justifying Temporary Detentions

March 2, 2010

When a marked police car pulls into a high-crime area and people start running away for no apparent reason, this is reasonable suspicion to stop them.

The "Emergency Aid Doctrine"

February 5, 2010

Officers can enter when it reasonably appears someone inside may need emergency aid, regardless of the officers' actual, subjective motivations for going inside.

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.

Premature Miranda Warnings

December 14, 2009

Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.

In-Home Arrest Searches

November 19, 2009

With reasonable suspicion that someone on the premises might endanger officers during the arrest or as they departed, officers could conduct a "protective sweep" of the entire premises, looking only into areas where a person could be concealed.

School Searches

October 30, 2009

Devallis Rutledge discusses why law enforcement officers should be aware of what public school officials can and can't do when conducting searches on campus. You can also read the original article "Public School Searches" from the October 2009 issue.

Social Media Dangers

October 30, 2009

Devallis Rutledge discusses why officers need to be careful when using social media sites such as Twitter and Facebook. You can also read the original article "The Whole World is Watching" from the September 2009 issue.

Sixth Amendment Changes

October 29, 2009

Devallis Rutledge, author of POLICE Magazine's Point of Law articles, discusses what officers need to know about how the Supreme Court's Kansas v. Ventris and Montejo v. Louisiana rulings have affected the way officers must conduct interrogations lawfully under the Sixth Amendment. You can also read the original articles "Sixth Amendment Revisited" from the July 2009 issue and "Sixth Amendment Waivers" from August 2009.

Public School Searches

October 19, 2009

Public school officials are entitled to search the student if there are reasonable grounds for suspecting the student of violating the law or any school rule. But once law enforcement officers become involved, higher justification standards will apply.

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