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Type: Article
Section: Point of Law
Patrol
When Silence is Golden
Whenever you see or hear a suspect doing or saying something an innocent person would not, your observations should go into your reports. The suspect's selective silence can sometimes indicate a consciousness of guilt.
September 1, 2013
Patrol
Caught in the Media Spotlight
How do you know when your case is going to put you on the national stage? When it does, will you be prepared to defend what you did or didn't do in front of a national audience?
August 2, 2013
Patrol
When Miranda Doesn't Matter
Miranda warnings should not be given when they aren't legally necessary such as when information is urgently needed to protect the safety of officers or the public, or to rescue a victim.
July 1, 2013
Training
Arresting Active Resisters
You have to make split-second decisions when it comes to use of force while effecting an arrest. Training in strategy and tactics, control and verbal techniques, and proper use of force are essential for you to make proper decisions.
June 25, 2013
Patrol
Shots Fired: Carbondale, Illinois 01/29/2007
When Officer John Doogan and his partner arrived at the cottage house on Beveridge Street, all they knew was that it was a domestic call and that such calls took all shapes and forms. Neither officer knew just how out of control things had gotten before their arrival and how bad things were about to get.
June 13, 2013
Patrol
Forced Blood From Impaired Drivers
The Supreme Court has made it more difficult for law enforcement officers to obtain the most probative evidence of impaired driving—a measure of the alcohol concentration in a sample of the suspect's blood.
June 6, 2013
Patrol
Fourth Amendment Blues
Essentially, because of the Fourth Amendment to the Constitution, you are damned if you do and damned if you don't. And the public has no sympathy whatsoever for your precarious position.
June 4, 2013
Patrol
Search Warrant Detentions
When you make a search of premises under authority of a search warrant, it is generally permissible to detain the occupants pending completion of the search. The authority to do so, and the rationale supporting detention, were limited by a 2013 decision.
April 29, 2013
Patrol
Who Are the Oath Keepers?
After witnessing what he saw as an unconstitutional outrage in the wake of Katrina, a constitutional law scholar founded the Oath Keepers, an organization for peace officers and soldiers who adhere strictly to the letter of the Constitution and swear not to obey any orders that they believe to be unconstitutional.
April 3, 2013
Weapons
Less-Lethal Weapon Options
At present, less-lethal weapons are a fact of life. It's hard to find an agency that doesn't use at least one in one form or another. With technology advances being what they are, there are more options today than ever before. Let's look at some of the available technologies and how they make a difference.
March 5, 2013
Patrol
Unlawful Reaction to Unlawful Action
Let's face it—law enforcement officers sometimes make detentions, arrests, entries, or searches that run afoul of one or more of the hundreds of judicial decisions differentiating "reasonable" and "unreasonable" searches and seizures.
March 4, 2013
Patrol
Consent Searches
Warrantless searches are presumed to be unreasonable, but the U.S. Supreme Court has acknowledged that a warrantless search may still be reasonable under the Fourth Amendment if it falls within the guidelines of one or more of a limited number of exceptions.
February 4, 2013
Training
Misguided Legislation
Disabled federal agents face severe and unwarranted reductions to their Federal Employees Compensation Act (FECA) benefits should Title III of S. 1789, the "21st Century Postal Service Act," become law.
January 22, 2013
Patrol
Entry to Secure
As previous "Point of Law" articles have discussed, there are four—and only four—legal justifications for entering private premises. For several reasons, the preferred authority for entry is a judicial warrant.
December 9, 2012
Patrol
Expanded Definition of "Search"
When the government, in an attempt to get information, "trespasses" on any of the items specifically listed in the Fourth Amendment ("persons, houses, papers and effects"), this constitutes a "search," whether or not there is any infringement of a suspect's legitimate expectation of privacy.
November 4, 2012
Patrol
Do You Have a Personal Life?
Cops are being punished for activities that they participated in while off duty and while not identifying themselves as officers. So one has to ask the questions: What is an officer permitted to do off duty? Where are the red lines? And at what point do officers lose their First Amendment rights?
November 1, 2012
Patrol
Publicity Can Be Costly
As private citizens, reporters are not bound by the Fourth Amendment. You are. Private citizens generally can't be sued for violating someone's Fourth Amendment rights. You can. Read on.
October 9, 2012
Patrol
Immigration Checks
Under what circumstances is it permissible to inquire into a person's immigration status? The Supreme Court has addressed this question in several opinions, most recently in its 2012 decision reviewing Arizona's immigration statutes.
August 1, 2012
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