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Point of Law

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Articles

Point of Law: The Limits of Electronic Searches

Can an individual be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution? Ultimately, the Ninth Circuit judges wrote, “In the circumstances of this case (United States v. Holcomb, 23-469 (9th Cir. 2025)), respect for the Constitution and the rule of law requires an answer of “no.”

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Newsby Staff WriterJune 24, 2010

Mehserle Takes the Witness Stand

During the hour of testimony, Mehserle described his childhood dream of becoming a police officer, discussed Taser training and said he thought Officer Anthony Pirone has an aggressive style to his police work.

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Newsby Staff WriterJune 18, 2010

Second ex-BART Officer On the Scene Testifies In Mehserle Trial

During her testimony on the witness stand, Domenici was shown snippets of video showing her role in the confrontation, and testified that she didn't remember Grant touching her.

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Newsby Staff WriterJune 17, 2010

U.S. Supreme Court Allows PDs to Search Officer Pagers

The Ontario (Calif.) Police Department fired Sgt. Jeff Quon after an internal audit determined he had sent a flurry of personal text messages using his department-issued pager.

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Newsby Staff WriterJune 13, 2010

Sacramento Officers Rescue Infant After 56-Hour Standoff

On Friday at 7 p.m., the tactical team used explosives to open a side wall of the apartment where 26-year-old Anthony Alvarez was holding his cousin's son. Officers then used improved sight lines to shoot Alvarez and safely rescue the infant.

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Newsby Staff WriterJune 1, 2010

Supreme Court Votes 5-4 to Loosen Miranda Rules

The court said the suspect had the duty to invoke his rights. If he failed to do so, his later words could be used to convict him, the justices said.

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Newsby Staff WriterJune 1, 2010

Subject Killed in New Year's 2009 BART Incident Had Criminal Past

Defense attorneys representing Officer Johannes Mehserle in a murder trial that begins Wednesday in Los Angeles plan to call to the stand a San Leandro, Calif., police officer who says Oscar Grant ran from him and a fellow officer with a loaded pistol in 2006 after a traffic stop, forcing the officers to shock him with a Taser and then kick him when he wouldn't put his hands behind his back.

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Articlesby Devallis RutledgeJune 1, 2010

Liability for Failure to Protect

A person can frame a federal lawsuit against an officer under either the "special relationship" doctrine or the "state-created danger" doctrine.

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Articlesby Tim DeesMay 28, 2010

Acing the Tests

Experience is the best teacher for learning to spot contraband drugs and alcohol and drug intoxication in the field. But the cop needs a demonstrable standard for evidence. It's here that presumptive field testing for alcohol and drugs is most useful.

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Newsby Staff WriterMay 25, 2010

Kansas City Officer Returns Fire On Armed Man At Grocery

Reginald Jones, 42, opened fire on the officer who was responding to the incident. The officer then fired two .40-caliber rounds from his sidearm. One round blew out a tire of a parked trailer. The second struck Jones.

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Articlesby Devallis RutledgeMay 18, 2010

Understanding Probable Cause

Probable cause is much less than proof "beyond a reasonable doubt," which the prosecutor must meet in order to convict a defendant. But PC is something more than the "reasonable suspicion" required to justify a temporary investigative detention.

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