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
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
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
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
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
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
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"
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
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
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...