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Search Result: Point of Law

Displaying 121  -  140  of  142

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.

Hearsay and Confrontation

May 1, 2004

Hearsay rules confound police, lawyers, and judges alike. "Hearsay" is a statement made outside the courtroom that might be true or false, repeated in court to prove that it was true.

Massiah Vs. Miranda

April 1, 2004

Miranda, Miranda, Miranda. Sometimes, we spend so much time on this one aspect of interrogation law that we tend to forget there are three other constitutional tests of admissibility of a suspect's statement.

Vehicle Checkpoints

March 1, 2004

The U.S. Supreme Court recently considered whether it was permissible under the Fourth Amendment for law enforcement officers to locate witnesses to a fatal hit-and-run accident by setting up a checkpoint to stop vehicles.

Knock Before Entry

February 1, 2004

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

Use of Force on Prisoners

January 3, 2004

Documentation and self-control are the keys to protecting yourself against charges of unreasonable force on persons in custody.

Eyewitness Identification

December 1, 2003

A pretrial identification procedure is considered too unreliable if it is "so impermissibly suggestive as to give rise to a very substantial likelihood of misidentification."

Officer Safety Searches

November 1, 2003

Obviously, no reasonable officer is going to risk his or her personal safety or the public safety in order to satisfy rules regulating the admissibility of evidence in a criminal trial, or even to avoid personal civil liability.

Chief Accountability

October 1, 2003

Sometimes the man or woman in charge shoulders the blame, even when not personally involved in an incident.

Cops and Civil Liability

September 1, 2003

Not everything that causes evidence to be excluded will expose you to civil liability, and not everything that can get you sued will result in suppression of evidence.

Avoiding De Facto Arrests

August 1, 2003

If police take someone from one location and transport him or her involuntarily to a police facility for investigation, this will be considered a de facto arrest. Without probable cause, that arrest will be unlawful, with predictable consequences for both evidence suppression and civil liability.

Demystifying Miranda

July 1, 2003

One of the most blatant mistakes entertainers insist on perpetuating is the notion that Miranda warnings have to be given immediately upon the suspect being hooked up.

Origins of SWAT

May 1, 2003

SWAT teams have been part of the capabilities of police agencies since 1967 when the Los Angeles Police Department organized its special weapons and tactics unit to respond to critical incidents.

A Fine Line

March 1, 2003

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

Consent to Search

November 1, 2002

In a motor vehicle, it may not always be clear who has authority to grant permission for a search.

Emergency Entry Without a Warrant

September 1, 2002

Restating the obvious, a police officer should obtain a warrant before conducting a search.

In Hot Pursuit

July 1, 2002

While police pursuits are a necessary part of police work and should not be banned, officers should be aware of the potential danger and terminate pursuits when the risk of injury outweighs the benefit of catching the suspect.

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.

Death’s Dogs: Cadaver Search Canines

December 1, 2000

Any officer who has been involved in a search for a missing victim knows that law enforcement needs every possible break. Cadaver dogs, though not likely to become widely known or ever be the subject of a television series, give cops just the break they need when searching for human remains.

Time and a Half of What?

April 1, 1998

Most police officers and police employers know that the federal Fair Labor Standards Act requires overtime pay at "time and one-half' for FLSA overtime hours worked. Less well known, however, are some of the FLSA rules governing how time and a half must be calculated. This has sometimes resulted in arithmetic mistakes which have deprived officers of wages to which they are entitled under the law.

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