Devallis RutledgeMore from Devallis RutledgePatrolHow to Justify Officer Safety SearchesOn average, 60,000 officers are assaulted on the job every year. That's an average of 164 per day. The risk level you face on the job makes it important not only to resist complacency and to follow prudent tactics, but also to understand how to ensure that your interactions with suspects are constitutionally justifiable, so that you are never forced to choose between being safe and being sued.September 30, 2007PatrolSeizing and Searching PassengersIn the 2007 decision in Brendlin v. California, the U.S. Supreme Court added yet another to a series of Fourth Amendment opinions on the subject of vehicle searches and seizures involving passengers, rather than drivers.August 31, 2007Special UnitsReasonable Execution of Search WarrantsA search conducted under a valid search warrant can still violate the Fourth Amendment if it is conducted in an unreasonable manner. "It is incumbent upon the officer executing a search warrant to ensure the search is lawfully authorized and lawfully conducted." (Groh v. Ramirez)July 31, 2007Vehicle OpsFederal Liability for Vehicle PursuitsAny officer who's been involved in a vehicle pursuit that resulted in property damage, bodily injury, or death should be concerned with at least three levels of liability. Departmental discipline may be imposed if the pursuit violates agency policy. Tort liability may be imposed through a lawsuit filed in state court. And plaintiffs may file a federal civil rights lawsuit seeking damages.June 30, 2007PatrolThe "Good Faith" DoctrineThe U.S. Supreme Court has said that "Because many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. But the mistakes must be those of reasonable men, acting on facts leading sensibly to their conclusions of probability." (Brinegar v. U.S.)May 31, 2007PatrolVehicle ImpoundingIf the court finds that the Constitution was violated by a vehicle impound, the existence of an authorizing statute or policy may not be enough to save you and your agency from civil liability and suppression of resulting evidence.April 30, 2007PatrolPlain Sense SeizuresIf a criminal exposes evidence in ways that can be detected by use of the personal senses, there is no Fourth Amendment “search” involved in discovering the presence of such items. Assuming no previous unlawful search, the seizure of the items is presumptively reasonable if there is probable cause to associate them with criminal activity.March 31, 2007PatrolCold Case InterrogationsIn many instances, the suspect in a cold case turns out to be someone who is serving time for another crime. What are the considerations for conducting custodial interrogation of such a prisoner, insofar as Miranda and the Sixth Amendment right to counsel are concerned?February 28, 2007PatrolSearch Warrant ExceptionsThe requirement of the Fourth Amendment is that all searches be "reasonable." The Supreme Court has ruled that warrantless searches are presumed to be unreasonable, "subject only to a few specifically established and well-delineated exceptions."January 31, 2007PatrolThe Lawful Use of DeceptionIt might be nice if law enforcement officers never had to lie to a criminal suspect in order to solve a crime. In fact, some police advisors do suggest to officers that they should never mislead a suspect. Unfortunately, the reality is otherwise.December 31, 2006Previous PagePage 12 of 17Next Page
