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Search Result: U.S. Supreme Court Cases

Displaying 121  -  140  of  142

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."

Keeping the Peace During Civil Disputes

April 1, 2006

Although it’s tempting to take sides on certain calls, doing so can have major repercussions for you and your agency.

Seizing Evidence in Plain View

March 1, 2006

The Fourth Amendment governs three forms of activity: searches (intrusions into privacy), seizures of the person (detentions and arrests), and seizures of property. If these acts are not authorized by judicial warrant, they must come within one or more of the court-created exceptions for warrantless search and seizure (Katz v. U.S.). One of these exceptions is called “plain view.”

Right to Counsel

February 1, 2006

Law enforcement officers are quite familiar with the court-created "right" to counsel established by the Miranda opinion, to protect the Fifth Amendment trial privilege against compelled self-incrimination. But it applies only during police custodial interrogation.

Davis Rules

January 1, 2006

In a fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part-way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer.

Searching Third-Party Residences

August 1, 2005

Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.

Holding Back Home Occupants

May 1, 2005

When you go into a suspect’s home to execute a search warrant, it’s not uncommon to find several people present, whether suspects, family members, or others. Sometimes, occupants may outnumber officers on the scene. This can create problems of safety and control, making it more difficult to carry out the search. Realizing this, the Supreme Court has provided guidelines on the ability of officers to detain, handcuff, and question occupants while a search takes place.

Stop and Identify

October 1, 2004

During a temporary detention, does a person have a duty to identify himself or herself to the detaining officer? Can a person be arrested for refusing to do so? The answer to both questions is, "Sometimes."

Undercover Interrogation

August 1, 2004

The admissibility rule of Miranda v. Arizona generally dictates that you give the standard warning and get a voluntary waiver before interrogating a suspect in custody. But not always.

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.

Supreme Court Rules On Motorist Searches

January 16, 2002
The Supreme Court ruled unanimously that in evaluating whether a police officer had "reasonable suspicion" to detain a suspect briefly for questioning, courts should pay more attention to the officer's experience and the event's overall context than to individual parts of an incident.

Supreme Court Rules Thermal Imaging Is a Search

June 1, 2001
The U.S. Supreme Court ruled that thermal imaging to record the amount of heat emanating from a house, a police practice to help detect illegal drugs, represents a search covered by constitutional privacy protections.
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