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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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Never mind the headlines and the editorials proclaiming that the Supreme Court did away with the knock-and-announce requirement for execution of search warrants in the recent case of Hudson v. Michigan. The court did no such thing.
Read More →Any law enforcement entry into private premises, including a residence, or an office or other commercial area that is not open to the public, is governed by the Fourth Amendment. Officers may make lawful entry only in four ways, and the consequences of unlawful entry can include suppression of evidence and civil liability.
Read More →Twice-convicted sniper John Allen Muhammad was sentenced Thursday to six consecutive life terms in prison with no possibility of parole, a sentence prosecutors consider insurance in case his Virginia death sentence is ever overturned.
Read More →Can you get a search warrant in advance that will authorize you to enter and search for the suspected items once the designated time arrives or the triggering event occurs? According to a 2006 U.S. Supreme Court decision, the answer is, yes.
Read More →Although it’s tempting to take sides on certain calls, doing so can have major repercussions for you and your agency.
Read More →The Fourth Amendment governs three forms of activity: searches (intrusions into privacy), seizures of the person (detentions and arrests), and seizures of property. If these acts are not authorized by judicial warrant, they must come within one or more of the court-created exceptions for warrantless search and seizure (Katz v. U.S.). One of these exceptions is called “plain view.”
Read More →Statistics from countries that have tried it reveal that gun control is no answer for violent crime.
Read More →The new SA-10NX from PepperBall Technologies is designed to help achieve suspect compliance, suspect marking, inmate management, personal protection, barricade extraction, animal control, and more. The handheld launcher is powered by carbon dioxide and works with all PepperBall projectiles. Custom designed SA-10NX shoulder or thigh holsters are available, as well as a removable rail for mounting laser sights or other accessories on the launcher.
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In a fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part-way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer.
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