CEO and Founder of Envisage Technologies
Ari is involved in building next-generation training systems, cloud-based learning, records management, automation of high-liability training operations, and pervasive readiness technologies. He is a committee member of the National Congress for Secure Communities and an advisory board member of IADLEST. He has consulted for Federal Agencies, Homeland Security, Public Safety, Military, and Law Enforcement on technology, security, legally defensible records, compliance, and training.
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.
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.
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.
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.
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.
A person can frame a federal lawsuit against an officer under either the "special relationship" doctrine or the "state-created danger" doctrine.
The Edwards rule applies to all officers and all cases - not just to the case on which the suspect invoked the right to counsel.
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.
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.
Officers can enter when it reasonably appears someone inside may need emergency aid, regardless of the officers' actual, subjective motivations for going inside.
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.
Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.
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.
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.
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.
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 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.
Twitter, MySpace, Facebook, YouTube, LinkedIn, and thousands of other social networking Websites carry information that can be accessed by criminals and their attorneys, as well as by employers.
It will now be possible for law enforcement officers to attempt to obtain a waiver and an admissible statement from a defendant without running afoul of the Sixth Amendment.
Plaintiffs’ attorneys may now seek to maintain lawsuits against officers and their agencies for eliciting incriminating statements from a defendant in certain situations.