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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 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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Newsby Staff WriterMarch 26, 2016

Video: Fresno Chief Uses Officers' Body Camera Videos to Defend Controversial Shooting

Body-worn camera footage released Thursday by the Fresno Police Department shows officers shooting 40-year-old Freddy Centeno in September after the man drew a black hose nozzle from his pocket. Centeno, a reportedly mentally disabled man, died nearly a month later, and his family has filed a lawsuit against the Fresno PD and the officers involved.

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Videosby Staff WriterMarch 22, 2016

Congressman Sponsors Bill to Make Attacks on Officers a Federal Hate Crime

“There are more officers being targeted because of the fact that they’re police officers,” said Buck, a Republican representing Colorado. More Here.

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Newsby Staff WriterMarch 22, 2016

Video: Congressman Sponsors Bill to Make Attacks on Officers a Federal Hate Crime

“There are more officers being targeted because of the fact that they’re police officers,” said Buck, a Republican representing Colorado.

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Newsby Staff WriterMarch 17, 2016

Judge Rules Killer of Two NYPD Detectives Can't be Executed

A man on death row for killing two undercover New York City police officers cannot be executed because he meets the legal standard to be considered intellectually disabled, a federal judge ruled Tuesday.

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Newsby Staff WriterMarch 16, 2016

Obama Picks Merrick Garland for Supreme Court

President Obama said Wednesday that he will nominate federal Judge Merrick Garland to serve on the Supreme Court, challenging the resolve of Republican senators opposed to an election-year confirmation.

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Newsby Staff WriterMarch 10, 2016

Retired California Trooper Sues Over Gun Arrest at High School

A retired California Highway Patrol officer who had a permit to carry a gun onto a Santee, CA, high school campus is suing the San Diego County Sheriff’s Department for false arrest, excessive force and unlawful search and seizure, among other claims.

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