Tag: Point of Law: Page 12

Patrol

Consent Searches

Warrantless searches are presumed to be unreasonable, but the U.S. Supreme Court has acknowledged that a warrantless search may still be reasonable under the Fourth Amendment if it falls within the guidelines of one or more of a limited number of exceptions.

February 4, 2013

Patrol

How To Justify Officer Safety Searches

POLICE

Know the limits of your authority to protect yourself—physically and legally.

January 23, 2013

Patrol

Suspect-Initiated Interrogation

Once a custodial suspect has been given Miranda warnings and has acknowledged his understanding, he might waive his rights and submit to questioning, or he might invoke—either by indicating that he doesn't want to talk, or by requesting counsel.

January 8, 2013

Patrol

Entry to Secure

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 9, 2012

Patrol

Expanded Definition of "Search"

When the government, in an attempt to get information, "trespasses" on any of the items specifically listed in the Fourth Amendment ("persons, houses, papers and effects"), this constitutes a "search," whether or not there is any infringement of a suspect's legitimate expectation of privacy.

November 4, 2012

Patrol

Publicity Can Be Costly

As private citizens, reporters are not bound by the Fourth Amendment. You are. Private citizens generally can't be sued for violating someone's Fourth Amendment rights. You can. Read on.

October 9, 2012

Patrol

Lawyers and Miranda Warnings: Either/Or?

It sometimes happens that a suspect's lawyer offers to surrender him for arrest and agrees to let his or her client be questioned, provided the lawyer is present during the interrogation.

September 6, 2012

Patrol

Immigration Checks

Under what circumstances is it permissible to inquire into a person's immigration status? The Supreme Court has addressed this question in several opinions, most recently in its 2012 decision reviewing Arizona's immigration statutes.

August 1, 2012

Patrol

Innocent Behavior Can Be Suspicious

If you articulate circumstances that are suspicious, based on your training and experience, you should not be second-guessed by judges on the ground that the conduct you considered was just a combination of innocent acts.

July 9, 2012

Patrol

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.

May 31, 2012

Patrol

Suggestive Eyewitness ID

Identifying the perpetrator and clearing innocent suspects are crucial goals of every criminal investigation, and both depend on the use of reliable evidence. The Supreme Court has applied a constitutional due process test to the admissibility of testimony about an eyewitness's pretrial ID.

May 8, 2012

Patrol

Miranda: When Custody Isn't "Custody"

Of the 55 subsequent Supreme Court opinions on Miranda issues, 14 have involved attempts to clarify the meaning of "custody," and in 12 of those 14, the Supreme Court reversed the decisions of state and federal appellate courts, which got it wrong.

April 3, 2012