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Search Result: U.S. Supreme Court Cases

Displaying 101  -  120  of  133

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.

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.

Keeping up with Case Law

November 1, 2008

Much of what I learned in basic academy in the late 1960s is no longer good law. If I were still operating on the basis of 40-year-old understandings, I wouldn't be very effective.

Entrapment

October 1, 2008

"The first duties of the officers of the law are to prevent, not to punish crime. It is not their duty to incite to and create crime for the sole purpose of prosecuting and punishing it." — U.S. Supreme Court, Sorrells v. U.S.

He Flees: To Pursue or Not To, That Is the Question

September 1, 2008

A recent U.S. Supreme Court decision shielding police officers from being sued in federal court for deaths and injuries to innocent citizens resulting form high-speed chases should not be viewed as an invitation to law officers.

Texas Defies International Court, Executes Mexican Rapist Murderer

August 6, 2008
The state of Texas defied an international court and executed Jose Ernesto Medellin late Tuesday after the U.S. Supreme Court denied a stay of execution for the killer in the 1993 Houston gang rape-murders of two teenage girls.

Civil Liability and Protected Speech

July 1, 2008

You must act with considerable discipline and restraint when loudmouths try to demean and upset you with offensive language and gestures.

Supreme Court Rules Americans Have Right to Own Handguns

June 26, 2008
The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense and hunting, the justices' first major pronouncement on gun rights in U.S. history.

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.

Unmixing Mixed-Up Concepts

January 1, 2008

How many times have you heard the expression "PC for the stop"? How about the application of Miranda once the suspect is "not free to leave?" These are common examples of improper mixing that can undercut the case against a guilty perpetrator.

Setting Up Talks

November 1, 2007

One of the most troublesome legal issues in law enforcement is the question of when an officer may resume discussions with a suspect after some kind of Miranda "history" has occurred. The answer is, "It all depends."

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.

Federal Liability for Vehicle Pursuits

July 1, 2007

Any officer who's been involved in a vehicle pursuit that resulted in property damage, bodily injury, or death should be concerned with at least three levels of liability. Departmental discipline may be imposed if the pursuit violates agency policy. Tort liability may be imposed through a lawsuit filed in state court. And plaintiffs may file a federal civil rights lawsuit seeking damages.

The Lawful Use of Deception

January 1, 2007

It might be nice if law enforcement officers never had to lie to a criminal suspect in order to solve a crime. In fact, some police advisors do suggest to officers that they should never mislead a suspect. Unfortunately, the reality is otherwise.

Parole and Probation Searches

September 1, 2006

After pussyfooting around the issue for years, the U.S. Supreme Court has finally come to a decision on what justifies a probation or parole search.

Entry to Quell a Disturbance

July 1, 2006

Any law enforcement entry into private premises, including a residence, or an office or other commercial area that is not open to the public, is governed by the Fourth Amendment. Officers may make lawful entry only in four ways, and the consequences of unlawful entry can include suppression of evidence and civil liability.

Anticipatory Search Warrants

June 1, 2006

Can you get a search warrant in advance that will authorize you to enter and search for the suspected items once the designated time arrives or the triggering event occurs? According to a 2006 U.S. Supreme Court decision, the answer is, yes.

Third Party Consent Searches

May 1, 2006

One of the "firmly established exceptions" to the warrant requirement for searches and seizures is the "consent exception."

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