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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.
Read More →One of the "firmly established exceptions" to the warrant requirement for searches and seizures is the "consent exception."
Read More →Although it’s tempting to take sides on certain calls, doing so can have major repercussions for you and your agency.
Read More →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 →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.
Read More →In a fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part-way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer.
Read More →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.
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 →For at least 10 years, it has been clear that terrorists favor targeting transportation systems, high-density population venues, and symbolic structures.
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.
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