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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 Devallis RutledgeApril 1, 2007

Plain Sense Seizures

If a criminal exposes evidence in ways that can be detected by use of the personal senses, there is no Fourth Amendment “search” involved in discovering the presence of such items. Assuming no previous unlawful search, the seizure of the items is presumptively reasonable if there is probable cause to associate them with criminal activity.

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ProductsMarch 1, 2007

Kimber Less-Lethal Self-Defense Tools

Kimber LifeAct products are less-lethal self-defense tools. Each unit holds two blasts of liquid agent containing OC (oleoresin capsicum), the effective ingredient of pepper sprays. A hit will incapacitate an assailant instantly and effectively for up to 45 minutes.

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Articlesby Melanie BasichMarch 1, 2007

Surprise, Shock, and Speed

Diversionary devices have had many names, not all of them popular. But that's mostly due to the public's misperception of what they are and how they are used.

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Articlesby Devallis RutledgeFebruary 1, 2007

Search Warrant Exceptions

The requirement of the Fourth Amendment is that all searches be "reasonable." The Supreme Court has ruled that warrantless searches are presumed to be unreasonable, "subject only to a few specifically established and well-delineated exceptions."

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Articlesby David GriffithJanuary 1, 2007

Bringing ’em Back Alive

There was a time not too long ago when the only non-lethal weapon available to American law enforcement officers was a baton. Here is our guide to less-lethal patrol weapons now on the market.

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ProductsNovember 1, 2006

WASP Less Lethal Impact Projectiles

Wasp Less Lethal’s impact projectiles are lead free and comprised of a composite that allows the projectile’s physical properties to remain unchanged within a temperature range of -58° to 212°F. This means Wasp projectiles will not freeze in cold weather or get soft in hot weather, maintaining accuracy in a wide range of environments. Wasp projectiles are available in 12 gauge and .50 caliber.

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Articlesby David GriffithNovember 1, 2006

Northern Injustice

It took three trials—two resulted in hung juries— over five years before prosecutors managed to get a verdict in the case.

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Articlesby Devallis RutledgeNovember 1, 2006

ID Procedures and the Right to Counsel

There are several ways a crime victim or other eyewitness might have an opportunity to identify a stranger-perpetrator of a crime before being called as a witness in court. (If the perpetrator is an acquaintance, the ID will not generally be an issue.)

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Articlesby Devallis RutledgeOctober 1, 2006

30th Anniversary: High-Impact Decisions

Every U.S. Supreme Court decision on the criminal justice provisions of the Constitution (especially the Fourth, Fifth, Sixth, and Fourteenth Amendments) is important to law enforcement, but some have a more significant day-to-day impact on police work than others.

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Articlesby Devallis RutledgeSeptember 1, 2006

Parole and Probation Searches

After pussyfooting around the issue for years, the U.S. Supreme Court has finally come to a decision on what justifies a probation or parole search.

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