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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 RutledgeJanuary 3, 2004

Use of Force on Prisoners

Documentation and self-control are the keys to protecting yourself against charges of unreasonable force on persons in custody.

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Articlesby Michael L. JaninJanuary 1, 2004

Shock Treatment

Because the high-powered Taser has been so swiftly fielded by so many agencies, there is no consensus on how officers who carry the weapon should be trained. Despite the fact that Taser International no longer emphasizes that all users should be stunned with the weapon, people at the company believe there are many reasons for departments to consider mandatory exposure.

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Articlesby Devallis RutledgeDecember 1, 2003

Eyewitness Identification

A pretrial identification procedure is considered too unreliable if it is "so impermissibly suggestive as to give rise to a very substantial likelihood of misidentification."

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Articlesby R.K. CampbellNovember 1, 2003

Dialing Long Distance

We all know that most police-involved shootings develop at a range of just a few feet. But there are exceptions. It’s not easy to hit a target in combat at long range with a pistol. But it can be done.

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Articlesby Devallis RutledgeNovember 1, 2003

Officer Safety Searches

Obviously, no reasonable officer is going to risk his or her personal safety or the public safety in order to satisfy rules regulating the admissibility of evidence in a criminal trial, or even to avoid personal civil liability.

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Hot Shots

OC has come a long way since it first arrived on the law enforcement market about a decade ago. Today, there are a wide variety of formulas, sizes, and systems that are common to the law enforcement market. And manufacturers keep working to develop improved versions.

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Articlesby David GriffithSeptember 1, 2003

War on Wise Street

Alexandria (La.) PD’s Special Response Team was executing a detailed plan to serve warrants and search for evidence to connect Anthony Molette, 25, to recent ambush attack. Intelligence gathered before the assault told them that Molette would not be home. It was wrong.

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Articlesby Devallis RutledgeSeptember 1, 2003

Cops and Civil Liability

Not everything that causes evidence to be excluded will expose you to civil liability, and not everything that can get you sued will result in suppression of evidence.

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Articlesby Devallis RutledgeJuly 1, 2003

Demystifying Miranda

One of the most blatant mistakes entertainers insist on perpetuating is the notion that Miranda warnings have to be given immediately upon the suspect being hooked up.

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