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Search Result: Point of Law

Displaying 101  -  120  of  141

Davis Rules

January 1, 2006

In a fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part-way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer.

Taking Evidence from the Suspect

December 1, 2005

A criminal suspect has a Fifth Amendment right not to be compelled to incriminate himself, so he cannot be forced to make a statement. But if he is lawfully in custody, he can be compelled to submit to particular tests or to provide exemplars of his physical attributes. Under some circumstances, he can also be compelled to behave in certain ways (“modeling”) in order to assist in identification.

Residential Protective Sweeps

November 1, 2005

There's always a risk that when a Supreme Court decision discusses two or more major points, those points may get blurred. One familiar example is Terry v. Ohio, which is often cited as the opinion that gave us the "stop and frisk" rule.

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.

Searching Third-Party Residences

August 1, 2005

Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.

Resumption of Questioning

July 1, 2005

Once a custodial suspect has been given Miranda warnings, there are three basic options he can choose to exercise: (1) waive his rights and agree to talk, (2) invoke his right to remain silent, or (3) invoke his right to counsel. The suspect’s response determines whether, and under what circumstances, he can later be re-approached by law enforcement officers to obtain an admissible statement.

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."

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.

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.

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