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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 William HarveyJanuary 1, 2005

Cover Yourself

You can do everything according to policy and still find yourself having to respond to a complaint or prepare a legal defense. It’s not fair; it’s not right; it just is. And when the legal snakes come after you, you’ll need proof that you are a highly trained and professional law enforcement officer.

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Articlesby Devallis RutledgeJanuary 1, 2005

The Waiting Game

In some cases, it’s necessary to take a suspect into custody as soon as you conclude that probable cause exists. But in other cases, making the arrest too quickly might not be advisable. Making an arrest triggers certain constitutional tests and starts the clock running on steps that have to be taken within specified times. Control and safety permitting, it may be best to delay making an arrest until the last practical moment.

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Articlesby Charles RemsbergDecember 1, 2004

Rethinking Reaction Time

When you survive an armed threat, you're certain not to remember much of what happened because of the intense stress and trauma of having your life on the line. And what you do remember may be distressingly puzzling.

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Articlesby Devallis RutledgeDecember 1, 2004

Timing is Everything

The court has now ruled that the timing and other circumstances of an interrogation may undermine the effectiveness of the warning; if the warning is not "effective," the statement is still not admissible, even if the suspect waived and confessed.

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Articlesby Dr. Lawrence HeiskellNovember 1, 2004

Five Minutes to Live

Educating cops how to save themselves and others in dire medical emergencies when seconds count is the goal of a new interactive training program from the The Backup Training Corp.

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Articlesby Devallis RutledgeNovember 1, 2004

Borderless Concealed Carry

What if local laws forbid you to carry a concealed weapon?

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ProductsOctober 1, 2004

OC Spray Flashlight

Now in use by the U.S. Air Force, Tigerlight is a flashlight that can also be used to deploy pepper spray. With Tigerlight, an officer has immediate access to pepper spray while a suspect only sees a flashlight. This combination tool also leaves an officer’s other hand free to grab his gun if necessary.

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Articlesby Devallis RutledgeOctober 1, 2004

Stop and Identify

During a temporary detention, does a person have a duty to identify himself or herself to the detaining officer? Can a person be arrested for refusing to do so? The answer to both questions is, "Sometimes."

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Articlesby Devallis RutledgeSeptember 1, 2004

Does Miranda Bear Poisonous Fruit?

More than a handful of judges, lawyers, and police officers mistakenly thought of Miranda as some sort of judicial rule about how police officers are required to conduct interrogations.

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Articlesby Devallis RutledgeJuly 1, 2004

Incident to Arrest

A new Supreme Court ruling expands officers’ vehicle search capabilities.

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