Subscribe
Magazine + Enews
Enews
Command
Procedures & Policies
Technology
Training
Patrol
Point of Law
Investigations
Weapons
Vehicle Ops
Special Units
Directory
Tag: Point of Law: Page 13
Technology
New Restrictions on GPS Tracking
Police use of technology to catch criminals makes the U.S. Supreme Court nervous, as was evident in the recent Jones decision. In the absence of a recognized basis for a warrantless search, Jones does mean that a warrant must be obtained for installation andmonitoring of a GPS tracker on a suspect's vehicle.
March 4, 2012
Patrol
Drawing Lines Around Miranda
In November, the U.S. Supreme Court issued its 54th decision on a
Miranda
issue, in a case called
Bobby v. Dixon
. This is the third decision on the issue of the admissibility of a suspect's statements obtained after a belated warning and waiver.
February 12, 2012
Patrol
The Independent Source Doctrine
Although some searches and seizures may only be justifiable under a single approach, many can be justified several different ways. The U.S. Supreme Court has long held that when this is the case, any independent source of contested evidence will suffice, even when another does not.
January 11, 2012
Patrol
Four Famous Cases
The decade of the 1960s gave us four of the most significant cases that apply to our daily work:
Mapp, Brady, Miranda,
and
Terry.
These four are among the most prominent criminal law cases you should know more about to understand how we got to where we are.
December 1, 2011
Patrol
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.
October 31, 2011
Patrol
'Good Faith' Revisited
The Fourth Amendment exclusionary rule is not absolute. In a number of decisions, the U.S. Supreme Court has recognized that even where a police officer makes an unreasonable search or seizure, there may be compelling reasons not to exclude resulting evidence.
October 16, 2011
Patrol
Accent on Officer Safety
Given the ever-present risks to your survival, it's important for you to know that in numerous decisions, the U.S. Supreme Court has created special rules to allow you to investigate crimes and apprehend suspects
without
undue restrictions that jeopardize your safety. Being aware of these cases can help you avoid taking chances you don't have to take.
September 19, 2011
Patrol
Juveniles and Miranda "Custody"
In
J.D.B. v. North Carolina
, the Supreme Court didn't really clarify the issue of Mirandizing juveniles. Until further issues are litigated, officers should consult policy advisers to obtain guidelines for Mirandizing and interrogating juvenile suspects.
July 31, 2011
Patrol
Exigent Entry
Warrantless entries are limited to those authorized by consent, probation or parole search conditions, or "exigent circumstances" involving some sort of emergency requiring immediate action. One category of exigency that may justify warrantless entry is the need to prevent the imminent destruction of evidence.
July 6, 2011
Patrol
Probable Cause and Reasonable Suspicion
Some actions you take have been classified by Supreme Court decisions as requiring that you articulate a "reasonable suspicion" in order to make them constitutionally reasonable, while others can be undertaken only if there is "probable cause" ("PC"). But what do these terms mean? And how do you match the right level of justification with the kind of conduct you're seeking to justify?
June 6, 2011
Patrol
'Functional Equivalent' of Miranda Questions
"Interrogation" has been defined by the Supreme Court to include both direct questioning and its "functional equivalent." What does this term mean? Three Supreme Court cases and numerous decisions from the federal appeals court have considered this question.
May 10, 2011
Patrol
Impound Inventory
When a suspect's vehicle is lawfully impounded (such as when the driver is arrested where the vehicle cannot be safely parked and locked, and there is no sober, licensed driver to take custody of it), it is usually permissible to conduct a standard inventory of the vehicle and its contents.
April 13, 2011
Previous Page
Page 13 of 22
Next Page