Devallis Rutledge
DA Special Counsel
Police Magazine
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Not everything that causes evidence to be excluded will expose you to civil liability, and not everything that can get you sued will result in suppression of evidence.
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If police take someone from one location and transport him or her involuntarily to a police facility for investigation, this will be considered a de facto arrest. Without probable cause, that arrest will be unlawful, with predictable consequences for both evidence suppression and civil liability.
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One of the most blatant mistakes entertainers insist on perpetuating is the notion that Miranda warnings have to be given immediately upon the suspect being hooked up.
Read More →If you're lucky enough to have an eyewitness to a crime, and your investigation leads to a possible perpetrator, getting a photo ID is often the next logical step. As with everything else you do, there's the wrong way and the court's way.
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