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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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Articlesby Bob IrwinOctober 1, 2007

Rethinking the 21-Foot Rule

Back in 1988, Calibre Press released a stunning law enforcement training tape titled "Surviving Edged Weapons." The tape is great, but it has led to a dangerous myth. Over the years, this simple demonstration of draw speed has morphed into an astounding misconception that now permeates law enforcement and security training, "The 21-Foot Rule."

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Articlesby David GriffithOctober 1, 2007

TREXPO East 2007: Best of Show

In the past six years, I've attended 12 TREXPO conferences. Each time the exposition floor at the conference has had a unique character. There was some kind of trend that you could see in the products showcased up and down the aisles. TREXPO East 2007 is no exception. This year the trend was tactical vehicles.

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Articlesby Devallis RutledgeOctober 1, 2007

How to Justify Officer Safety Searches

On average, 60,000 officers are assaulted on the job every year. That's an average of 164 per day. The risk level you face on the job makes it important not only to resist complacency and to follow prudent tactics, but also to understand how to ensure that your interactions with suspects are constitutionally justifiable, so that you are never forced to choose between being safe and being sued.

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ProductsSeptember 1, 2007

Handheld Projectile Launcher

The SA-4 PepperBall system launches four ImpactPlus projectiles with rapid-reload capability. When fired from the SA-4 launcher, projectiles strike with 20 foot-pounds of stopping power and release four grams of hot pepper powder to subdue suspects.

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Articlesby Devallis RutledgeAugust 1, 2007

Reasonable Execution of Search Warrants

A search conducted under a valid search warrant can still violate the Fourth Amendment if it is conducted in an unreasonable manner. "It is incumbent upon the officer executing a search warrant to ensure the search is lawfully authorized and lawfully conducted." (Groh v. Ramirez)

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Articlesby Alicia HiltonAugust 1, 2007

Clearing Up Knock-and-Announce Confusion

The detective rapped on the front door. Then three seconds later, instead of waiting for a resident to answer, one of the officers on his team kicked in the door. They had expected to find a meth lab in the apartment, but the man and woman they'd awakened in the middle of the night and handcuffed had committed no crimes. The officers had raided the wrong apartment.

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Newsby Staff WriterJuly 31, 2007

TigerLight Fends Off Cougar, Saves Family

On July 4th Javier Rivera, a security guard at The Ant Farm in Hollywood, California sat at a picnic table in the hills outside San Diego with his three children and a niece, having lunch. The last thing on his mind was the possibility of a cougar attack. However, things were about to change.

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Articlesby Devallis RutledgeJune 1, 2007

The "Good Faith" Doctrine

The U.S. Supreme Court has said that "Because many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. But the mistakes must be those of reasonable men, acting on facts leading sensibly to their conclusions of probability." (Brinegar v. U.S.)

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Articlesby David GriffithMay 1, 2007

TREXPO West 2007: Something for Everyone

TREXPO is both a trade show and an educational conference for law enforcement officers. And this year’s TREXPO West held recently in Long Beach, Calif., offered excellent training opportunities for both SWAT and patrol officers.

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Articlesby Devallis RutledgeMay 1, 2007

Vehicle Impounding

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.

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