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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 WriterJuly 22, 2009

Senate Defeats Concealed Carry Amendment

The U.S. Senate voted today against allowing people with concealed carry permits in their states to carry guns in all other states that have concealed carry laws.

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Articlesby Devallis RutledgeJuly 22, 2009

Sixth Amendment Revisited

Plaintiffs’ attorneys may now seek to maintain lawsuits against officers and their agencies for eliciting incriminating statements from a defendant in certain situations.

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Newsby Staff WriterJuly 2, 2009

Missouri Town Pays $2.4 Million to Family of Man Killed During DUI Arrest

The city of Moberly, Mo., has agreed to pay $2.4 million to the family of Stanley Harlan, 23, who died during a 2008 drunken driving arrest. Harlan's family sued the city and Moberly police Officers Jeremy Baird and Carmen Newbrough last September in federal court in St. Louis, claiming that police used a Taser on him twice, then kicked and choked him.

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Newsby Staff WriterJune 30, 2009

Wireless TASER Round Ready to Fly

TASER International, Inc. announced today that the long-awaited self-contained wireless TASER eXtended Range Electronic Projectile (XREP) shotgun rounds are now available. Together with O.F. Mossberg & Sons Inc. the company also announced the commercial launch of the TASER X12 Less-Lethal Shotgun (LLS) by Mossberg.

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Newsby Staff WriterJune 12, 2009

U.S. Customs Set to Classify All Folding Knives as Switchblades

United States Customs and Border Protection plans to classify assisted-opening knives and all one-hand-opening knives as switchblades, which are banned.

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Newsby Staff WriterJune 10, 2009

California Agency Loses "Sexual Conquest" Lawsuit

The city of Hayward will pay nearly $5 million to 14 female Police Department employees who accused male supervisors of regarding them as "fair game for potential sexual conquests" and said male officers talked of "converting" their lesbian colleagues, attorneys in the case said today.

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Articlesby Devallis RutledgeJune 1, 2009

Vehicle Searches: Incident to Arrest

After Apr. 19, officers and agencies could incur liability for vehicle searches incident to arrest that do not fall within the Gant guidelines.

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Newsby Staff WriterMay 28, 2009

Killer of Phoenix Officer Gets Death Penalty

A Maricopa County Superior Court jury deliberated barely three hours before agreeing to the death penalty for convicted cop killer Donald Delahanty on Wednesday. It might have been a foregone conclusion. Delahanty, 22, was found guilty May 5 of first-degree murder for the shooting death of Phoenix police Officer David Uribe during a traffic stop in May 2005.

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Newsby Staff WriterMay 27, 2009

Texas SWAT Team Dissolves Hostage Situation with Bean Bag Shot

Authorities shot a man with a bean bag gun as he allegedly held his family hostage early Wednesday morning.

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Newsby Staff WriterMay 8, 2009

California's Fugitive Apprehension Team Deploys TASER Devices

Agents assigned to the California Department of Corrections and Rehabilitation (CDCR) Office of Correctional Safety (OCS) are field testing 28 TASER X26 ECDs and 28 TASER CAM systems. The deployment of the TASERs is being conducted as a pilot program.

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