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Reduce Negative Impact of Miranda

Reduce Negative Impact of Miranda

Has Miranda v. Arizona adversely affected criminal justice and public safety? Miranda has resulted in the inability to clear a quarter-million homicides, 1 million rapes, 5 million robberies, and 9 million aggravated assaults.

March 11, 2014

Dogs, Drugs, and the Fourth Amendment

Dogs, Drugs, and the Fourth Amendment

Two cases from Florida have brought the U.S. Supreme Court to two different conclusions regarding K-9 searches in 2013. One is an affirmation of existing practice, but the other breaks new ground and imposes new limits.

May 3, 2013

Strip Searching Misdemeanor Arrestees

Strip Searching Misdemeanor Arrestees

After issuing a series of decisions over the years that have been mostly deferential to custodial officials in managing their secure facilities, the U.S. Supreme Court has issued a new ruling on the constitutionality of visual strip searches of minor-offense arrestees.

June 1, 2012

Vehicle Checkpoints

Vehicle Checkpoints

Checkpoint stops are different-multiple vehicles are stopped one after the other, at the same place, without any suspicion beforehand that anyone in particular may be engaged in unlawful activity.

November 1, 2011

Mi Casa Es Su Casa

Mi Casa Es Su Casa

When you take down a drug house, or enter a home to investigate domestic violence, or serve a search warrant at a residence, which of the multiple people that you sometimes encounter would have the legal standing to challenge the lawfulness of your entry and search?

March 10, 2011

K-9 Drug Detection Cases

K-9 Drug Detection Cases

In the usual case, both the seizure and the search must be reasonable under the Fourth Amendment in order for the evidence to be admissible. The U.S. Supreme Court and federal appeals courts have considered both issues when officers have used K-9s to detect contraband.

January 3, 2011

Reasonable Execution of Search Warrants

Reasonable Execution of Search Warrants

A search conducted under a valid search warrant can still violate the Fourth Amendment if it is conducted in an unreasonable manner. "It is incumbent upon the officer executing a search warrant to ensure the search is lawfully authorized and lawfully conducted." (Groh v. Ramirez)

August 1, 2007

The "Good Faith" Doctrine

The "Good Faith" Doctrine

The U.S. Supreme Court has said that "Because many situations which confront officers in the course of executing their duties are more or less ambiguous, room must be allowed for some mistakes on their part. But the mistakes must be those of reasonable men, acting on facts leading sensibly to their conclusions of probability." (Brinegar v. U.S.)

June 1, 2007

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.

October 1, 2006

K-9 Sniffs and the Fourth Amendment

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.

June 1, 2005

Undercover Interrogation

Undercover Interrogation

The admissibility rule of Miranda v. Arizona generally dictates that you give the standard warning and get a voluntary waiver before interrogating a suspect in custody. But not always.

August 1, 2004

Hearsay and Confrontation

Hearsay rules confound police, lawyers, and judges alike. "Hearsay" is a statement made outside the courtroom that might be true or false, repeated in court to prove that it was true.

May 1, 2004

Knock Before Entry

Knock Before Entry

Is it always necessary to comply with knock notice before forcing entry to serve a search warrant?

February 1, 2004

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