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Entries and Civil Liability
Entries and Civil Liability

July 7, 2015
Fortunately, the Supreme Court recently overturned two federal court rulings that had exposed officers to potential liability in cases involving...

Unlawfully Prolonged Traffic Stop
Unlawfully Prolonged Traffic Stop

June 18, 2015
Is it OK under the Fourth Amendment to turn a traffic stop into a criminal investigation? Of course it is, provided the justification for the additional...

Admonitions and Waivers
Admonitions and Waivers

May 4, 2015
Most of your communications with criminal suspects are "unscripted" dialogue. But in certain situations it can be very important that you say the right...

Search Warrant Basics
Search Warrant Basics

April 28, 2015
There are good reasons why officers need to become more comfortable with writing search warrant applications, and to delay non-emergency searches until...

Getting Your Case Filed
Getting Your Case Filed

March 6, 2015
Although the prosecutor's decision to decline to pursue a prosecution could be for a variety of reasons, there are steps you can take to ensure that a...

Mistake of Law: To Err Is Human
Mistake of Law: To Err Is Human

February 27, 2015
In a series of cases, the court has upheld searches and seizures made by officers who were mistaken in their understanding of the facts they confronted,...

Legal Issues With Body Cams
Legal Issues With Body Cams

January 26, 2015
Recent events have accelerated law enforcement's timetable for adopting wearable audio-video recording devices. But using this technology has legal...

Understanding Fourth Amendment "Standing"
Understanding Fourth Amendment

December 4, 2014
A defendant cannot suppress evidence if he cannot show that his own legitimate rights were violated in the way it was obtained.

The 5 Biggest Search-and-Seizure Myths
The 5 Biggest Search-and-Seizure Myths

November 12, 2014
Ever since the U.S. Supreme Court made the Fourth Amendment exclusionary rule binding on the states in the 1961 decision in Mapp v. Ohio,...

The 5 Biggest Miranda Myths
The 5 Biggest Miranda Myths

October 28, 2014
Some myths that have sprouted from Miranda have shown so much inertia that the Supreme Court has had to keep coming back to try to knock them...

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