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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 WriterAugust 6, 2008

Texas Defies International Court, Executes Mexican Rapist Murderer

The state of Texas defied an international court and executed Jose Ernesto Medellin late Tuesday after the U.S. Supreme Court denied a stay of execution for the killer in the 1993 Houston gang rape-murders of two teenage girls.

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Articlesby Terry E. SmithAugust 1, 2008

Three Steps to Compliance

During an arrest, a handcuffed, subdued suspect is in the safest condition for both the officer and the suspect. To gain control, officers should learn the OSC (Overcome, Stabilize, Cuff) strategy.

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Articlesby Devallis RutledgeAugust 1, 2008

Pinpointing the Right to Counsel

Ever since the 1964 U.S. Supreme Court decision in Massiah v. U.S., it has been the rule that any statements about a crime that were deliberately elicited from the suspect by a government official or undercover agent, after the Sixth Amendment right to counsel had “attached” and been asserted, could not be used at trial to prove guilt.

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Articlesby Melanie BasichJuly 1, 2008

Significant Impact

Read on for a sampling of impact projectiles available for law enforcement.

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Articlesby Devallis RutledgeJuly 1, 2008

Civil Liability and Protected Speech

You must act with considerable discipline and restraint when loudmouths try to demean and upset you with offensive language and gestures.

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Newsby Staff WriterJune 26, 2008

Supreme Court Rules Americans Have Right to Own Handguns

The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense and hunting, the justices' first major pronouncement on gun rights in U.S. history.

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Articlesby Devallis RutledgeJune 1, 2008

Fourth Amendment Supremacy

Evidence discovered during a search incident to an arrest supported by PC is not suppressible in the majority of state courts.

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Articlesby Devallis RutledgeMay 1, 2008

Reflex Fire

It's not uncommon to hear or read about officer-involved shootings where multiple officers emptied their loads into the suspect and anything within 10 feet of him. Asked about why they opened fire, bystander officers may reply, "When another officer started shooting, I just reflexively started shooting, too."

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Newsby Staff WriterApril 3, 2008

N.C. Man Released From Death Row After Charges Dropped

Glen Edward Chapman walked free Wednesday after nearly 14 years on death row in a case that a judge said was marred by a flawed police investigation and a faulty defense.

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Articlesby Melanie BasichApril 1, 2008

The State of American Law Enforcement - A Love-Hate Relationship

"My brother told me, 'If you want everyone to love you, join the fire department. If you want half the people to love you but half the people to hate you, go ahead and be on the police department.'" — Officer Michael Pecha, Omaha (Neb.) Police Department.

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