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Type: Article

Section: Point of Law

Residential Protective Sweeps

There's always a risk that when a Supreme Court decision discusses two or more major points, those points may get blurred. One familiar example is Terry v. Ohio, which is often cited as the opinion that gave us the "stop and frisk" rule.

October 31, 2005

Special Deliveries

For generations law enforcement has been seeking the perfect round, the so-called “magic bullet.” The ideal police weapon is a munition that could be fired at a distance to temporarily incapacitate a suspect so that he or she could be taken into custody without injury to either the suspect or the arresting officer. It would work every time, and it would be a substitute for deadly force.

October 31, 2005

Public Safety Searches

For at least 10 years, it has been clear that terrorists favor targeting transportation systems, high-density population venues, and symbolic structures.

September 30, 2005

Making a Federal Case

The overwhelming majority of lawsuits filed against police officers and their agencies include both state and federal causes of action.

August 31, 2005

Liability: Staying Off the Hook

A process server has dropped a summons and complaint notice in your hand. You’re being sued for something that the plaintiff claims you did on the job.

August 31, 2005

Investigative Traffic Stops

Most traffic stops are routine. You see a moving or equipment violation, make the stop, and issue a citation or warning. Everything’s over in 10 minutes or so.

August 31, 2005

Arresting Foreign Nationals

The world is, as they say, getting smaller. International travel and relocation are commonplace, which means that police officers everywhere are more likely to encounter crime victims, witnesses, and suspects who are not U.S. citizens. Because of federal law, special procedures may sometimes apply when dealing with foreign nationals.

March 31, 2005

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Childhood's End

Records show that on Sept. 23, 1997, North Carolina Highway Patrol Sgt. Ed Lowry pulled a car with South Carolina plates on I-95 near Fayetteville. The reason for the stop was reported as a seat belt violation, but the real reason was probably just that feeling that some veteran cops get that something just ain’t right.

March 31, 2005

ID'ing with Surveillance Photos

By now, most banks and convenience stores have installed video cameras or still cameras to preserve evidence of any criminal event. Following a robbery or other crime, law enforcement officers can use the surveillance video or photos to trace the crook and put together a photo array or lineup to be displayed to witnesses for identification.

February 28, 2005

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In Search of the Star Trek Phaser

When it comes to capturing, subduing, and arresting bad guys, law enforcement currently has four types of less-lethal and less-than-lethal tools: physical restraint such as handcuffs and Ripp Hobble restraints, chemical weapons such as oleoresin capsicum (OC) spray, electrical shock devices such as Tasers, and impact tools such as batons and Asps.

February 28, 2005

How Tasers Are Used by the Cincinnati PD

When the Cincinnati Police Department decided to equip all of its patrol officers with X26 Tasers, department brass had to establish policy for use of the conductive weapons. After studying the research assembled by Specialist John Rose, Chief Thomas Streicher Jr. decided that the Cincinnati PD would place Tasers right after verbal commands in the department’s force continuum.

January 31, 2005

TASER: Navigating the Learning Curve

Editor’s Note: On Nov. 30, 2003, three officers of the Cincinnati Police Department were called to the parking lot of one of the city’s many White Castle restaurants. There they found an immense 41-year-old man named Nathaniel Jones who was scaring the restaurant’s employees with his bizarre behavior.

January 31, 2005

Controlling Lawsuit Risks

Some law enforcement activities are more likely than others to generate citizen complaints, tort claims, and lawsuits (use of deadly or serious force, for example). But even routine detentions, searches, and arrests also present civil liability risks. What can you do to reduce the chances of becoming a defendant in a lawsuit?

January 31, 2005

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The Waiting Game

In some cases, it’s necessary to take a suspect into custody as soon as you conclude that probable cause exists. But in other cases, making the arrest too quickly might not be advisable. Making an arrest triggers certain constitutional tests and starts the clock running on steps that have to be taken within specified times. Control and safety permitting, it may be best to delay making an arrest until the last practical moment.

December 31, 2004

Cover Yourself

You can do everything according to policy and still find yourself having to respond to a complaint or prepare a legal defense. It’s not fair; it’s not right; it just is. And when the legal snakes come after you, you’ll need proof that you are a highly trained and professional law enforcement officer.

December 31, 2004

Timing is Everything

The court has now ruled that the timing and other circumstances of an interrogation may undermine the effectiveness of the warning; if the warning is not "effective," the statement is still not admissible, even if the suspect waived and confessed.

November 30, 2004

Rethinking Reaction Time

When you survive an armed threat, you're certain not to remember much of what happened because of the intense stress and trauma of having your life on the line. And what you do remember may be distressingly puzzling.

November 30, 2004

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Borderless Concealed Carry

What if local laws forbid you to carry a concealed weapon?

October 31, 2004

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