Devallis Rutledge
DA Special Counsel
Police Magazine
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Before traveling to another state where you intend to carry off duty, do a little research and inquire about local laws regulating firearms possession on private property.
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Because warnings are only required prior to custodial interrogation, one way to minimize the adverse impact of Miranda on investigations is to try to conduct interrogations whenever possible in non-custodial settings.
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Notwithstanding the explosion of youth criminality, the court has largely continued to treat juvenile offenders in a more lenient and paternalistic fashion than adults.
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Much of what I learned in basic academy in the late 1960s is no longer good law. If I were still operating on the basis of 40-year-old understandings, I wouldn't be very effective.
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Testifying might be unfamiliar territory, but a few tips can make it less painful.
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"The first duties of the officers of the law are to prevent, not to punish crime. It is not their duty to incite to and create crime for the sole purpose of prosecuting and punishing it." — U.S. Supreme Court, Sorrells v. U.S.
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In your search warrant affidavits, your reports, and your testimony you have to lay out the basis of your suspicions and justify every detention, arrest, search, seizure, entry, and use of force.
Read More →Ever since the 1964 U.S. Supreme Court decision in Massiah v. U.S., it has been the rule that any statements about a crime that were deliberately elicited from the suspect by a government official or undercover agent, after the Sixth Amendment right to counsel had “attached” and been asserted, could not be used at trial to prove guilt.
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You must act with considerable discipline and restraint when loudmouths try to demean and upset you with offensive language and gestures.
Read More →Evidence discovered during a search incident to an arrest supported by PC is not suppressible in the majority of state courts.
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