CEO and Founder of Envisage Technologies
Ari is involved in building next-generation training systems, cloud-based learning, records management, automation of high-liability training operations, and pervasive readiness technologies. He is a committee member of the National Congress for Secure Communities and an advisory board member of IADLEST. He has consulted for Federal Agencies, Homeland Security, Public Safety, Military, and Law Enforcement on technology, security, legally defensible records, compliance, and training.
A person can frame a federal lawsuit against an officer under either the "special relationship" doctrine or the "state-created danger" doctrine.
Probable cause is much less than proof "beyond a reasonable doubt," which the prosecutor must meet in order to convict a defendant. But PC is something more than the "reasonable suspicion" required to justify a temporary investigative detention.
The genesis of the Miranda warnings can be traced to March 13, 1963, when Ernesto Arturo Miranda was arrested by officers of the Phoenix Police Department for stealing $4 from a bank worker and for the kidnap and rape of another woman.
Miranda warnings are triggered by a simple formula: Custody + Interrogation = The requirement for Miranda warnings. A motorist is not in "custody" for Miranda purposes when he or she is detained for an ordinary traffic stop.
They wanted to know why Walters didn't shoot the knife out of Collins' hand? Shoot to maim? Why would Walters be in fear for his life since he was wearing body armor? And they wanted to know, could an X-acto knife really kill you?
The Edwards rule applies to all officers and all cases - not just to the case on which the suspect invoked the right to counsel.
When a marked police car pulls into a high-crime area and people start running away for no apparent reason, this is reasonable suspicion to stop them.
Officers can enter when it reasonably appears someone inside may need emergency aid, regardless of the officers' actual, subjective motivations for going inside.
Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.
Devallis Rutledge, author of POLICE Magazine's Point of Law articles, discusses what officers need to know about how the Supreme Court's Kansas v. Ventris and Montejo v. Louisiana rulings have affected the way officers must conduct interrogations lawfully under the Sixth Amendment. You can also read the original articles "Sixth Amendment Revisited" from the July 2009 issue and "Sixth Amendment Waivers" from August 2009.
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.