Getting Your Case Filed
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
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
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"
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
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
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...
Vehicle Pursuits and Deadly Force
For the third time in 10 years, the U.S. Supreme Court has given us guidance on the kinds of circumstances that may justify the use of deadly force to...
Why You Should Double Check for Accuracy
Although law enforcement officers are given considerable leeway for reasonable mistakes, you don't get much slack for unreasonable mistakes that...
Cell Phone Search Incident to Arrest
Just when it looks like a rule is finally refined to the point of general understanding, the Supreme Court takes an unexpected turn, as it recently did...
How SCOTUS Cell Phone Search Warrant Ruling Affects You
On June 25, the Supreme Court ruled that the well-established exception permitting some searches incident to arrest does not apply to data searches of the...