Devallis Rutledge
DA Special Counsel
Police Magazine
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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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One of the most troublesome legal issues in law enforcement is the question of when an officer may resume discussions with a suspect after some kind of Miranda "history" has occurred. The answer is, "It all depends."
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If 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.
Read More →When custodial interrogation is imminent and it's time to give the suspect a Miranda warning, what exactly do you have to say? The answer is, nothing exactly. The U.S. Supreme Court, which created the necessity of a warning of rights and a waiver as prerequisites to the prosecutorial use of a statement obtained through custodial interrogation, has never held that any precise wording is required.
Read More →For at least 10 years, it has been clear that terrorists favor targeting transportation systems, high-density population venues, and symbolic structures.
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By now, most banks and convenience stores have installed video cameras or still cameras to preserve evidence of any criminal event. Following a robbery or other crime, law enforcement officers can use the surveillance video or photos to trace the crook and put together a photo array or lineup to be displayed to witnesses for identification.
Read More →Hearsay rules confound police, lawyers, and judges alike. "Hearsay" is a statement made outside the courtroom that might be true or false, repeated in court to prove that it was true.
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