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Type: Article
Section: Point of Law
Patrol
You Have the Right to Remain Vocal
When the Founding Fathers drafted the Constitution, they didn't exclude law enforcement officers from the right to free speech. So we do not have to remain silent while the fringe voices a cacophony of anti-police rhetoric.
April 8, 2016
Patrol
Community Caretaking Searches
Few of the safeguards granted to individuals in the United States under the Bill of Rights are more vociferously defended than the Fourth Amendment guaranteeing protection against unreasonable searches and seizures. This is especially the case where the entry of private residences is concerned.
April 7, 2016
Patrol
Arrest Warrants
Many arrests are made without a warrant, of course. However, where the circumstances permit, "Law enforcement officers may find it wise to seek arrest warrants where practicable to do so."
(U.S. v. Watson)
April 6, 2016
Patrol
Serving the Search Warrant
Having a warrant does not guarantee that your actions will always be upheld. Every officer participating in the execution of a search warrant should be familiar with the following guidelines.
March 2, 2016
Patrol
Barricaded Suspect, Mutual Aid
The suspect has advised that if anyone comes near his mother he "will take them out." You also know the sergeant asking for help uses poor tactics and will count heavily on his personal relationship with the suspect.
February 23, 2016
Patrol
Consensual Encounters
The well-trained, self-disciplined, smart law enforcement officer first tries a
consensual encounter
, before resorting to a detention that may or may not win judicial approval.
February 5, 2016
Patrol
Under the Microscope After an OIS
If, God forbid, you have to shoot someone on the job, here are some possible consequences you may find yourself enduring for the next several years, even though you may have been completely justified in your use of deadly force.
January 7, 2016
Training
Self-Inflicted Wounds
There are times when "tactical language" may be the only thing some suspects respond to. But that doesn't mean profanity should be your default method of communicating with everyone with whom you come in contact.
December 3, 2015
Patrol
Flight and the Fourth Amendment
Sometimes, people run when they see you coming. May you chase them? If you do, does that amount to a "show of authority" constituting a detention, requiring reasonable suspicion?
October 7, 2015
Weapons
Less-Lethal Tools
These devices provide a means of incapacitating subjects without using lethal force.
September 30, 2015
Patrol
Reasonable Suspicion
In some cases, the U.S. Supreme Court has ruled that particular searches and seizures need only "reasonable suspicion" to be constitutional—not the higher justification level of probable cause. What's the difference, and when is reasonable suspicion sufficient?
September 2, 2015
Patrol
Hotel/Motel Registry Checks
A supreme court decision might have the adverse effect of making it easier for motels conspiring with criminals to thwart police investigations.
August 21, 2015
Patrol
Entries and Civil Liability
Fortunately, the Supreme Court recently overturned two federal court rulings that had exposed officers to potential liability in cases involving warrantless entries.
July 7, 2015
Patrol
Protecting Blue Civil Rights
During National Police Week, the Wenjian Liu and Rafael Ramos National Blue Alert Act was passed by Congress. Now law enforcement officers need more protection, an amendment to the federal Hate Crimes statute to create the Blue Shield Protection Act.
June 30, 2015
Patrol
Unlawfully Prolonged Traffic Stop
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 investigation is developed during the reasonable duration of the traffic stop—not after.
June 18, 2015
Patrol
No Mitigating Factors for Tsarnaev
Jurors may have to wrestle with their religious principles over sending Tsarnaev to death, but nothing else. There are no mitigating factors that should save this vicious terrorist from being euthanized.
May 22, 2015
Patrol
Search Warrant Basics
There are good reasons why officers need to become more comfortable with writing search warrant applications, and to delay non-emergency searches until warrants can be obtained.
April 28, 2015
Patrol
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 rejection is
not
based on your police work on the case.
March 5, 2015
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