The Fourth Amendment governs three forms of activity: searches (intrusions into privacy), seizures of the person (detentions and arrests), and seizures of property. If these acts are not authorized by judicial warrant, they must come within one or more of the court-created exceptions for warrantless search and seizure (Katz v. U.S.). One of these exceptions is called “plain view.”
Read More →There's always a risk that when a Supreme Court decision discusses two or more major points, those points may get blurred. One familiar example is Terry v. Ohio, which is often cited as the opinion that gave us the "stop and frisk" rule.
Read More →Most traffic stops are routine. You see a moving or equipment violation, make the stop, and issue a citation or warning. Everything’s over in 10 minutes or so.
Read More →Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.
Read More →Under what circumstances is it permissible to use a dog to try to detect the presence of narcotics or dangerous substances without prior suspicion? The Supreme Court has considered this issue in three decisions.
Read More →When you go into a suspect’s home to execute a search warrant, it’s not uncommon to find several people present, whether suspects, family members, or others. Sometimes, occupants may outnumber officers on the scene. This can create problems of safety and control, making it more difficult to carry out the search. Realizing this, the Supreme Court has provided guidelines on the ability of officers to detain, handcuff, and question occupants while a search takes place.
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Some law enforcement activities are more likely than others to generate citizen complaints, tort claims, and lawsuits (use of deadly or serious force, for example). But even routine detentions, searches, and arrests also present civil liability risks. What can you do to reduce the chances of becoming a defendant in a lawsuit?
Read More →Hatch has added the X11 liner to its series of gloves, offering extreme cut resistance without additional bulk. The gloves are designed to be comfortable and flexible enough for any task while protecting the entire hand against injury from sharp objects. The new glove can resist 11 pounds of cut force, more than twice that of the former leader, the Hatch Friskmaster Max.
Read More →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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Talk to Officer Don Gause, an eight-year veteran of the Myrtle Beach (S.C.) Police Department, and he'll tell you that a needle stick or accidental exposure to HIV, hepatitis, or any other bloodborne pathogen is absolutely his greatest fear.
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