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Articlesby Devallis RutledgeJune 1, 2009

Vehicle Searches: Incident to Arrest

After Apr. 19, officers and agencies could incur liability for vehicle searches incident to arrest that do not fall within the Gant guidelines.

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Articlesby Devallis RutledgeMay 1, 2009

Saving Money Through Training

Officers who fall behind on core training and who stop getting regular updates on recent case law become a civil liability to themselves and their employers.

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Articlesby Devallis RutledgeApril 1, 2009

Updating Weapons Frisks

Although it's common to see the term "stop and frisk," it's possible that there might be justification for a stop, but not for a frisk.

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Articlesby Devallis RutledgeMarch 1, 2009

Official Misinformation

What the exclusionary rule has actually meant in practice is that thousands (maybe millions) of criminals have been able to stop the prosecution from using critical evidence of their guilt to hold them accountable for their crimes.

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Articlesby Devallis RutledgeFebruary 1, 2009

To Keep and Bear Arms

Before traveling to another state where you intend to carry off duty, do a little research and inquire about local laws regulating firearms possession on private property.

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Articlesby Devallis RutledgeJanuary 1, 2009

Non-Custodial Stationhouse Interrogations

Because warnings are only required prior to custodial interrogation, one way to minimize the adverse impact of Miranda on investigations is to try to conduct interrogations whenever possible in non-custodial settings.

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Articlesby Devallis RutledgeDecember 1, 2008

The Young and the Arrestless

Notwithstanding the explosion of youth criminality, the court has largely continued to treat juvenile offenders in a more lenient and paternalistic fashion than adults.

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Articlesby Devallis RutledgeNovember 1, 2008

Keeping up with Case Law

Much of what I learned in basic academy in the late 1960s is no longer good law. If I were still operating on the basis of 40-year-old understandings, I wouldn't be very effective.

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Articlesby Devallis RutledgeOctober 1, 2008

Entrapment

"The first duties of the officers of the law are to prevent, not to punish crime. It is not their duty to incite to and create crime for the sole purpose of prosecuting and punishing it." — U.S. Supreme Court, Sorrells v. U.S.

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Articlesby Devallis RutledgeSeptember 1, 2008

No Explanation Required

In your search warrant affidavits, your reports, and your testimony you have to lay out the basis of your suspicions and justify every detention, arrest, search, seizure, entry, and use of force.

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