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92 Results
Point of Law
Indiana Supreme Court to Hear Case on Whether Police Can Compel Suspect to Open Smartphone
After some discussion, Webster invoked Seo's Fifth Amendment right against self-incrimination.The Indiana Court of Appeals sided with Webster.
March 21, 2019
Patrol
U.S. Supreme Court Considers Death for Sheriff's Killer
The U.S. Supreme Court will consider whether a Kansas man's Fifth Amendment self-incrimination rights were violated when medical testimony was used to convict him of killing a sheriff.
February 24, 2013
Point of Law
Supreme Court Rules Officers Can’t be Sued for Miranda Violations
Justice Samuel Alito wrote in his majority opinion that “a violation of Miranda is not itself a violation of the Fifth Amendment” and “we see no justification for expanding Miranda to confer a right to sue” under the federal law known as Section 1983.
June 24, 2022
Patrol
Right to Counsel
Law enforcement officers are quite familiar with the court-created "right" to counsel established by the
Miranda
opinion, to protect the Fifth Amendment trial privilege against compelled self-incrimination. But it applies only during police custodial interrogation.
January 31, 2006
Patrol
Taking Evidence from the Suspect
A criminal suspect has a Fifth Amendment right not to be compelled to incriminate himself, so he cannot be forced to make a statement. But if he is lawfully in custody, he can be compelled to submit to particular tests or to provide exemplars of his physical attributes. Under some circumstances, he can also be compelled to behave in certain ways (“modeling”) in order to assist in identification.
November 30, 2005
Patrol
Sixth Amendment Waivers
It will now be possible for law enforcement officers to attempt to obtain a waiver and an admissible statement from a defendant without running afoul of the Sixth Amendment.
August 6, 2009
Patrol
Understanding Fourth Amendment "Standing"
A defendant cannot suppress evidence if he cannot show that his own legitimate rights were violated in the way it was obtained.
December 3, 2014
Patrol
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.
July 21, 2009
Patrol
Court: Man Can Sue LAPD Over Allegedly Forced Confession
A Los Angeles man who spent 19 years in prison for murders he did not commit will be able to sue the LAPD for allegedly coercing his confession, a panel of the 9th Circuit U.S. Court of Appeals ruled Monday.
September 23, 2012
Technology
Warrantless Cellphone Tracking Upheld
In a significant victory for law enforcement, a federal appeals court on Tuesday said that government authorities could extract historical location data directly from telecommunications carriers without a search warrant.
July 31, 2013
Patrol
Judge Rules Porter Must Testify in Trial of Other Baltimore Officers Charged in Freddie Gray Case
Circuit Court Judge Barry Williams denied a motion by Officer William Porter's attorneys to quash a subpoena for him to appear at the trial of fellow Officer Caesar Goodson trial, the second of six Baltimore police officers to face trial in the death of Freddie Gray.
January 7, 2016
Patrol
Retrial of Baltimore Officer Charged in Freddie Gray Case Set for June
Baltimore Police Officer William G. Porter will not be retried until June for his alleged role in the death of Freddie Gray, creating a problem for prosecutors who had hoped to call him as a witness at the upcoming trial of another officer charged in the case.
December 21, 2015
Point of Law
Judge Halts MN's Updated Use of Force Standards
Originally, officers were authorized to use deadly force to “protect the peace officer or another from apparent death or great bodily harm.” But the updated language cut the word “apparent,” and added three requirements to justify that use of deadly force. Specifically, the officer must be able to articulate the threat and the danger must also be likely to occur unless an officer takes action.
September 14, 2021
Point of Law
Former Minneapolis Officer Chauvin Appeals Conviction in Floyd Death
Chauvin's appeal to the Minnesota Court of Appeals came 90 days after his June 25 sentencing on the last day he could have done so, according to court documents.
September 24, 2021
Patrol
Utah Officer Justified in Shooting Dog During Search for Missing Child, Court Says
“A missing child is a child who is in danger until they are found,” Murphy said. “What happened to Geist was an unfortunate situation, but we believe the court ruled correctly the officer acted in a reasonable manner when he was faced with a dog that was about to attack him.”
March 14, 2018
Command
CA Sheriff Faces Accusations of Corruption Over Concealed Carry Permits
“If you want to get a CCW to carry a firearm, you should be treated fairly and equally,” District Attorney Jeff Rosen said. “One of those standards cannot be are you supporting the Sheriff or the Sheriff’s reelection. And that’s what this bribery investigation was about.”
December 16, 2021
Technology
The Fifth Element
Welcome to the new battleground. Called "fifth-dimensional battlespace," it takes the old three-dimensional battlefield (the spatial dimensions of length, width, height or depth of an area), and the temporal dimension of time, and adds the fifth dimension of cyberspace.
July 31, 2002
Weapons
Glock Expands the Fifth Generation Pistol Family
Glock's new G26 Gen5 and G34 Gen5 MOS feature over 20 design changes to distinguish them from their Gen4 predecessors and meet the demand of consumers worldwide.
January 2, 2018
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