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Articlesby Devallis RutledgeDecember 1, 2006

Preserving and Disclosing Evidence

Most law enforcement officers are familiar with the term “Brady error.” But what exactly does the Brady rule cover, and what obligation does it impose on police? Under the Brady line of cases, when must officers preserve evidence, and what must be revealed to the prosecutor? These questions have been answered in a series of opinions from the U.S. Supreme Court.

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Articlesby Devallis RutledgeNovember 1, 2006

ID Procedures and the Right to Counsel

There are several ways a crime victim or other eyewitness might have an opportunity to identify a stranger-perpetrator of a crime before being called as a witness in court. (If the perpetrator is an acquaintance, the ID will not generally be an issue.)

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Articlesby Devallis RutledgeOctober 1, 2006

30th Anniversary: High-Impact Decisions

Every U.S. Supreme Court decision on the criminal justice provisions of the Constitution (especially the Fourth, Fifth, Sixth, and Fourteenth Amendments) is important to law enforcement, but some have a more significant day-to-day impact on police work than others.

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Articlesby Devallis RutledgeOctober 1, 2006

Miranda Wording

When custodial interrogation is imminent and it's time to give the suspect a Miranda warning, what exactly do you have to say? The answer is, nothing exactly. The U.S. Supreme Court, which created the necessity of a warning of rights and a waiver as prerequisites to the prosecutorial use of a statement obtained through custodial interrogation, has never held that any precise wording is required.

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Articlesby Devallis RutledgeSeptember 1, 2006

Parole and Probation Searches

After pussyfooting around the issue for years, the U.S. Supreme Court has finally come to a decision on what justifies a probation or parole search.

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Articlesby Devallis RutledgeAugust 1, 2006

Knock Notice After Hudson

Never mind the headlines and the editorials proclaiming that the Supreme Court did away with the knock-and-announce requirement for execution of search warrants in the recent case of Hudson v. Michigan. The court did no such thing.

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Articlesby Devallis RutledgeJuly 1, 2006

Entry to Quell a Disturbance

Any law enforcement entry into private premises, including a residence, or an office or other commercial area that is not open to the public, is governed by the Fourth Amendment. Officers may make lawful entry only in four ways, and the consequences of unlawful entry can include suppression of evidence and civil liability.

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Articlesby Devallis RutledgeJune 1, 2006

Anticipatory Search Warrants

Can you get a search warrant in advance that will authorize you to enter and search for the suspected items once the designated time arrives or the triggering event occurs? According to a 2006 U.S. Supreme Court decision, the answer is, yes.

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Articlesby Devallis RutledgeMay 1, 2006

Third Party Consent Searches

One of the "firmly established exceptions" to the warrant requirement for searches and seizures is the "consent exception."

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Articlesby Devallis RutledgeApril 1, 2006

Keeping the Peace During Civil Disputes

Although it’s tempting to take sides on certain calls, doing so can have major repercussions for you and your agency.

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