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Devallis Rutledge

DA Special Counsel

Articlesby Devallis RutledgeNovember 11, 2013

Searching “Fleeting Targets”

A fleeting targets search may be made at any time and any place where you have lawful access and PC.

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Articlesby Devallis RutledgeOctober 2, 2013

Video and You

If you aren't speaking and behaving at all times in public the way you want to appear when you're uploaded on YouTube, you could have some unpleasant surprises in store.

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Articlesby Devallis RutledgeSeptember 2, 2013

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.

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Articlesby Devallis RutledgeAugust 5, 2013

Open Wide and Say, "Ahhh"

Under what circumstances would the Fourth Amendment allow routine collection of DNA samples upon arrest and booking? A recent Supreme Court decision addressed this issue.

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Articlesby Devallis RutledgeJuly 2, 2013

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.

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Articlesby Devallis RutledgeJune 7, 2013

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.

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Articlesby Devallis RutledgeMay 3, 2013

Dogs, Drugs, and the Fourth Amendment

Two cases from Florida have brought the U.S. Supreme Court to two different conclusions regarding K-9 searches in 2013. One is an affirmation of existing practice, but the other breaks new ground and imposes new limits.

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Articlesby Devallis RutledgeApril 30, 2013

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.

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Articlesby Devallis RutledgeMarch 5, 2013

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.

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Articlesby Devallis RutledgeFebruary 5, 2013

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.

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