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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 WriterApril 26, 2016

Cleveland Police Union: Tamir Rice Settlement Money Should Help Educate Kids About Dangers of Replica Guns

“Something positive must come from this tragic loss,” said Steve Loomis, president of the Cleveland Police Patrolmen’s Association. “That would be educating youth of the dangers of possessing a real or replica firearm,” he said.

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Newsby Staff WriterApril 25, 2016

Louisiana Legislature Considers Hate Crime Protections for Police, Firefighters

Louisiana would be among the first states to make it a hate crime to target police officers and firefighters, if legislation that is being pushed at the State Capitol this session is successful.

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Newsby Staff WriterApril 25, 2016

Cleveland to Pay $6 Million Settlement to Family in Death of Tamir Rice

The city of Cleveland has agreed to pay Tamir Rice's family $6 million to settle a federal lawsuit filed over the boy's November 2014 shooting death by city police.

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Newsby Staff WriterApril 21, 2016

6 Arrested in Freddie Gray Riots Sue Baltimore PD

Six men arrested during the unrest prompted by Freddie Gray's death in police custody sued the Baltimore Police Department, the state and more than a dozen officers Tuesday, alleging that they were beaten, abused and deprived of their constitutionally protected right to protest.

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Newsby Staff WriterApril 19, 2016

No Prison Time for NYPD Officer in Fatal Shooting at Housing Project

The former NYPD officer who fatally shot an unarmed man in the stairwell of a Brooklyn housing project was not given prison time in his sentencing on Tuesday as scores of his supporters and protesters rallied outside the courthouse.

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Newsby Staff WriterApril 11, 2016

Iowa Allows First Responders to Carry Anti-Overdose Drug

Iowa Gov. Terry Branstad signed Senate File 2218 and 28 other bills into law Wednesday, allowing first responders to stock and administer drugs called opioid antagonists for use in life-threatening opioid overdoses.

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Articlesby Jon AdlerApril 8, 2016

You Have the Right to Remain Vocal

When the Founding Fathers drafted the Constitution, they didn't exclude law enforcement officers from the right to free speech. So we do not have to remain silent while the fringe voices a cacophony of anti-police rhetoric.

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Articlesby Ron MartinelliApril 7, 2016

Community Caretaking Searches

Few of the safeguards granted to individuals in the United States under the Bill of Rights are more vociferously defended than the Fourth Amendment guaranteeing protection against unreasonable searches and seizures. This is especially the case where the entry of private residences is concerned.

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Articlesby Devallis RutledgeApril 6, 2016

Arrest Warrants

Many arrests are made without a warrant, of course. However, where the circumstances permit, "Law enforcement officers may find it wise to seek arrest warrants where practicable to do so." (U.S. v. Watson)

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Newsby Staff WriterApril 4, 2016

Baltimore Officers Read Miranda Rights After Fatally Shooting 2 Men Carrying Guns

A police union attorney says the Baltimore officers who fatally shot two armed men last week were videotaped being read their Miranda rights after declining to give statements.

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