If your union or employee rights organization asked you to participate in a sick-out/blue flu to support an employee rights issue, would you do it, even if it put your job in jeopardy?
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.
After Apr. 19, officers and agencies could incur liability for vehicle searches incident to arrest that do not fall within the Gant guidelines.
Officers who fall behind on core training and who stop getting regular updates on recent case law become a civil liability to themselves and their employers.
Although it's common to see the term "stop and frisk," it's possible that there might be justification for a stop, but not for a frisk.
What the exclusionary rule has actually meant in practice is that thousands (maybe millions) of criminals have been able to stop the prosecution from using critical evidence of their guilt to hold them accountable for their crimes.
Before traveling to another state where you intend to carry off duty, do a little research and inquire about local laws regulating firearms possession on private property.
Notwithstanding the explosion of youth criminality, the court has largely continued to treat juvenile offenders in a more lenient and paternalistic fashion than adults.
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.
"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.
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.
You must act with considerable discipline and restraint when loudmouths try to demean and upset you with offensive language and gestures.
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.
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.
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.
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."