Entries and Civil Liability
Fortunately, the Supreme Court recently overturned two federal court rulings that had exposed officers to potential liability in cases involving warrantless entries.
July 7, 2015
Fortunately, the Supreme Court recently overturned two federal court rulings that had exposed officers to potential liability in cases involving warrantless entries.
July 7, 2015
There are good reasons why officers need to become more comfortable with writing search warrant applications, and to delay non-emergency searches until warrants can be obtained.
April 28, 2015
Just when it looks like a rule is finally refined to the point of general understanding, the Supreme Court takes an unexpected turn, as it recently did on the subject of searching an arrestee's cell phone incident to his arrest.
July 11, 2014
A fleeting targets search may be made at any time and any place where you have lawful access and PC.
November 11, 2013
When you make a search of premises under authority of a search warrant, it is generally permissible to detain the occupants pending completion of the search. The authority to do so, and the rationale supporting detention, were limited by a 2013 decision.
April 30, 2013
As previous "Point of Law" articles have discussed, there are four—and only four—legal justifications for entering private premises. For several reasons, the preferred authority for entry is a judicial warrant.
December 10, 2012
The general rule-of-thumb is to try to get a warrant whenever possible. On the other hand, if you can seize evidence without engaging in a search, you don't need either a warrant or any exception.
March 1, 2008
There are four ways to make a lawful entry into a private home. Notice that "entry incident to outdoors arrest" is not on the list of lawful ways to get inside a residence. In three separate cases, the U.S. Supreme Court has held such entries to be unconstitutional.
February 1, 2008
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
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.
August 1, 2006
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.
July 1, 2006
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.
June 1, 2006
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.
August 1, 2005
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.
May 1, 2005
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