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Type: Article
Section: Point of Law
Patrol
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, or as to the law to be applied.
February 27, 2015
Technology
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 ramifications that have to be understood by criminal justice stakeholders.
January 26, 2015
Patrol
Sanctuary for the Bad Guys
This fatally flawed law has effectively neutered ICE's 48-hour detainer requests for prisoners housed in the city's largest jail (Riker's Island).
December 21, 2014
Patrol
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.
December 3, 2014
Patrol
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,
thousands of published decisions from state and federal courts have applied the exclusionary rule to thousands of searches and seizures. It's no wonder the 50-year tidal wave of exclusionary decisions has left confusion and misunderstanding in its wake. Here are five areas of the law that seem to suffer the most in translation.
November 11, 2014
Patrol
Sued for Shooting a Dog
Your biggest fear in a dog shooting lawsuit is punitive damages. While compensatory damages are likely to be covered by your employer, punitive damages are probably coming out of your pocket.
November 4, 2014
Special Units
Planned Operations and Dogs
Some SWAT teams have become very adept at using non-lethal tools to neutralize the threat presented by dogs. Retired Cleveland SWAT entry team leader Robert O'Brien says that long before the Hells Angels case and its nearly $2 million in settlements his SWAT team always considered the presence of dogs in its planning. O'Brien's tool of choice for getting the dogs out of the way was the fire extinguisher.
November 4, 2014
Training
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 down. Here are five of the most persistent.
October 28, 2014
Patrol
Point of Law: 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 stop a dangerous driver.
September 4, 2014
Patrol
Militarization or Officer Safety Precautions?
Seizing upon the naive theme that law enforcement has become over militarized, Rep. Chris Stewart (R-Utah) recently introduced a bill titled "The Regulatory Agency Demilitarization Act" (H.R. 4934) that would disarm most Inspector General (IG) criminal investigators. His bill would revoke most IG agents' law enforcement authority and take away their authority to carry firearms and to make arrests.
August 25, 2014
Patrol
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
un
reasonable mistakes that result from hasty reactions to bad information that comes from your own official sources.
August 7, 2014
Patrol
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 on the subject of searching an arrestee's cell phone incident to his arrest.
July 10, 2014
Patrol
Stop and Frisk?
Many people who use the term "stop and frisk" fail to realize that there actually is no such concept in the law, and that the phrase "stop and frisk" couples two constitutionally distinct activities that do not necessarily coincide. This misunderstanding is easily traced to the coincidence in
Terry v. Ohio.
April 30, 2014
Patrol
Constitutional Home Entry
Private residences enjoy the highest levels of Fourth Amendment protection against governmental intrusion. Here are the 10 most common ways to get inside a home without violating the Fourth Amendment.
February 9, 2014
Patrol
Chasing Misdemeanants
Some search-and-seizure rules are not very clear, and state and local federal courts might apply them differently. How can you be expected to pick and choose the right rule on an issue for which there doesn't seem to be just one "right" rule?
January 5, 2014
Patrol
Visual Enhancement and the Fourth Amendment
What if an object only comes into plain view after an officer shines a flashlight or spotlight into an area, or looks through binoculars? Does this use of sense-enhancing devices make a difference in the Fourth Amendment calculation of reasonableness?
December 5, 2013
Patrol
Searching “Fleeting Targets”
A fleeting targets search may be made at any time and any place where you have lawful access and PC.
November 10, 2013
Technology
Video and You
If you aren't speaking and behaving at all times in public the way you want to appear when you're uploaded on YouTube, you could have some unpleasant surprises in store.
October 1, 2013
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