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The 5 Biggest Search-and-Seizure Myths

The 5 Biggest Search-and-Seizure Myths

Ever since the U.S. Supreme Court made the Fourth Amendment exclusionary rule binding on the states in the 1961 decision in Mapp v. Ohio, thousands of published decisions from state and federal courts have applied the exclusionary rule to thousands of searches and seizures. It's no wonder the 50-year tidal wave of exclusionary decisions has left confusion and misunderstanding in its wake. Here are five areas of the law that seem to suffer the most in translation.

November 11, 2014

Stop and Frisk?

Stop and Frisk?

Many people who use the term "stop and frisk" fail to realize that there actually is no such concept in the law, and that the phrase "stop and frisk" couples two constitutionally distinct activities that do not necessarily coincide. This misunderstanding is easily traced to the coincidence in Terry v. Ohio.

May 1, 2014

Understanding Probable Cause

Understanding Probable Cause

Probable cause is much less than proof "beyond a reasonable doubt," which the prosecutor must meet in order to convict a defendant. But PC is something more than the "reasonable suspicion" required to justify a temporary investigative detention.

May 18, 2010

Investigative Traffic Stops

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.

September 1, 2005

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