Tag: Point of Law: Page 11

Patrol

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.

April 30, 2014

Training

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 10, 2014

Patrol

Constitutional Home Entry

Private residences enjoy the highest levels of Fourth Amendment protection against governmental intrusion. Here are the 10 most common ways to get inside a home without violating the Fourth Amendment.

February 9, 2014

Patrol

Visual Enhancement and the Fourth Amendment

What if an object only comes into plain view after an officer shines a flashlight or spotlight into an area, or looks through binoculars? Does this use of sense-enhancing devices make a difference in the Fourth Amendment calculation of reasonableness?

December 5, 2013

Patrol

Searching “Fleeting Targets”

A fleeting targets search may be made at any time and any place where you have lawful access and PC.

November 10, 2013

Technology

Video and You

If you aren't speaking and behaving at all times in public the way you want to appear when you're uploaded on YouTube, you could have some unpleasant surprises in store.

October 1, 2013

Patrol

Open Wide and Say, "Ahhh"

Under what circumstances would the Fourth Amendment allow routine collection of DNA samples upon arrest and booking? A recent Supreme Court decision addressed this issue.

August 4, 2013

Patrol

When Miranda Doesn't Matter

Miranda warnings should not be given when they aren't legally necessary such as when information is urgently needed to protect the safety of officers or the public, or to rescue a victim.

July 1, 2013

Patrol

Forced Blood From Impaired Drivers

The Supreme Court has made it more difficult for law enforcement officers to obtain the most probative evidence of impaired driving—a measure of the alcohol concentration in a sample of the suspect's blood.

June 6, 2013

Patrol

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 2, 2013

Patrol

Search Warrant Detentions

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 29, 2013

Patrol

Unlawful Reaction to Unlawful Action

Let's face it—law enforcement officers sometimes make detentions, arrests, entries, or searches that run afoul of one or more of the hundreds of judicial decisions differentiating "reasonable" and "unreasonable" searches and seizures.

March 4, 2013