
Devallis Rutledge
DA Special Counsel

DA Special Counsel

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