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Search Result: Search and Seizure

Displaying 121  -  140  of  155

Supreme Court Sides with Police Officers in Search Case

January 22, 2009
The Supreme Court ruled Wednesday that police officers in Utah who searched a suspect's home without a warrant cannot be sued for violating his constitutional rights.

Signed Forms Now Required for Arizona DPS to Search Vehicles

December 31, 2008
The most significant changes require officers to receive a signed form before a driver consents to a search and for officers to document, what factors, exactly, prompted the search for those cars and trucks where a search proves fruitless.

LAPD and ACLU Reach Settlement on Skid Row Searches

December 22, 2008
The agreement comes 18 months after a federal judge found that the LAPD was unconstitutionally searching homeless people in the Skid Row area as part of Chief William J. Bratton's crackdown on downtown crime.

The Young and the Arrestless

December 1, 2008

Notwithstanding the explosion of youth criminality, the court has largely continued to treat juvenile offenders in a more lenient and paternalistic fashion than adults.

Metal-TEC Metal Detector

December 1, 2008
The Torfino Metal-TEC 1400 is a silent vibrating weapons detector small enough to fit in the palm of your hand. Silent vibration will not alarm the subject being searched (or others around them) that a weapon has been detected. It alerts the officer to weapons, razor blades, handcuff keys, and even small pieces of metal foil that may contain drugs from inches away.

Seeker Plus Metal Detector

December 1, 2008
The Seeker Plus from MSE Group detects ferrous and non-ferrous metals with 360-degree continuous detection and pin-point detection. It has adjustable sensitivity, a 10-inch probe, and durable, tough ABS construction.

AD11-V Handheld Metal Detector

December 1, 2008
Adams Electronics’ model AD11-V has the simultaneous audio/visual alarm facility standard on all the company’s handheld metal detectors. But it also has the ability, via a two-position rocker switch, to switch the detector to either standard "audio/visual" setting or "vibration only” mode. This feature gives the AD11-V the ability to alert the operator of a potential weapon silently.

The State of American Law Enforcement - Rules of Engagement

October 1, 2008

In smaller agencies, policy manuals—if they existed—were just a few policy statements. Now there are multiple bound volumes that no officer can be expected to memorize, let alone understand. — Tom Aveni, Police Policy Studies Council

No Explanation Required

September 1, 2008

In your search warrant affidavits, your reports, and your testimony you have to lay out the basis of your suspicions and justify every detention, arrest, search, seizure, entry, and use of force.

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.

How to Tell When You Need a Search Warrant

March 1, 2008

The general rule-of-thumb is to try to get a warrant whenever possible. On the other hand, if you can seize evidence without engaging in a search, you don't need either a warrant or any exception.

Residential Entry After Outdoors Arrest

February 1, 2008

There are four ways to make a lawful entry into a private home. Notice that "entry incident to outdoors arrest" is not on the list of lawful ways to get inside a residence. In three separate cases, the U.S. Supreme Court has held such entries to be unconstitutional.

Four San Antonio Officers Suspended Over Body Searches

October 5, 2007
The patrons are also suing in federal court, claiming that the officers violated their civil rights and searched them without probable cause.

How to Justify Officer Safety Searches

October 1, 2007

On average, 60,000 officers are assaulted on the job every year. That's an average of 164 per day. The risk level you face on the job makes it important not only to resist complacency and to follow prudent tactics, but also to understand how to ensure that your interactions with suspects are constitutionally justifiable, so that you are never forced to choose between being safe and being sued.

Seizing and Searching Passengers

September 1, 2007

In the 2007 decision in Brendlin v. California, the U.S. Supreme Court added yet another to a series of Fourth Amendment opinions on the subject of vehicle searches and seizures involving passengers, rather than drivers.

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.

The "Good Faith" Doctrine

June 1, 2007

The U.S. Supreme Court has said that "Because many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. But the mistakes must be those of reasonable men, acting on facts leading sensibly to their conclusions of probability." (Brinegar v. U.S.)

Vehicle Impounding

May 1, 2007

If the court finds that the Constitution was violated by a vehicle impound, the existence of an authorizing statute or policy may not be enough to save you and your agency from civil liability and suppression of resulting evidence.

Plain Sense Seizures

April 1, 2007

If a criminal exposes evidence in ways that can be detected by use of the personal senses, there is no Fourth Amendment “search” involved in discovering the presence of such items. Assuming no previous unlawful search, the seizure of the items is presumptively reasonable if there is probable cause to associate them with criminal activity.

Search Warrant Exceptions

February 1, 2007

The requirement of the Fourth Amendment is that all searches be "reasonable." The Supreme Court has ruled that warrantless searches are presumed to be unreasonable, "subject only to a few specifically established and well-delineated exceptions."

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