Tag: Point of Law: Page 15

Patrol

Justifying Temporary Detentions

When a marked police car pulls into a high-crime area and people start running away for no apparent reason, this is reasonable suspicion to stop them.

March 1, 2010

Patrol

The "Emergency Aid Doctrine"

Officers can enter when it reasonably appears someone inside may need emergency aid, regardless of the officers' actual, subjective motivations for going inside.

February 4, 2010

Patrol

Beware of False Headlines

So far, the U.S. Supreme Court has left it to the states and the federal appellate circuits to make their own rulings on the issue of whether officers may make a stop to investigate a reported drunk driver, without having any independent observations to corroborate the anonymous tip. This has led to a split of authority on the issue.

January 19, 2010

Patrol

Premature Miranda Warnings

Give Miranda warnings just before commencement of apparent custodial police interrogation-not sooner. Leave Hollywood tactics to the actors.

December 13, 2009

Patrol

In-Home Arrest Searches

With reasonable suspicion that someone on the premises might endanger officers during the arrest or as they departed, officers could conduct a "protective sweep" of the entire premises, looking only into areas where a person could be concealed.

November 18, 2009

Patrol

Public School Searches

Public school officials are entitled to search the student if there are reasonable grounds for suspecting the student of violating the law or any school rule. But once law enforcement officers become involved, higher justification standards will apply.

October 18, 2009

Technology

The Whole World is Watching

Twitter, MySpace, Facebook, YouTube, LinkedIn, and thousands of other social networking Websites carry information that can be accessed by criminals and their attorneys, as well as by employers.

September 16, 2009

Patrol

Sixth Amendment Waivers

It will now be possible for law enforcement officers to attempt to obtain a waiver and an admissible statement from a defendant without running afoul of the Sixth Amendment.

August 6, 2009

Patrol

Sixth Amendment Revisited

Plaintiffs’ attorneys may now seek to maintain lawsuits against officers and their agencies for eliciting incriminating statements from a defendant in certain situations.

July 21, 2009

Patrol

Vehicle Searches: Incident to Arrest

After Apr. 19, officers and agencies could incur liability for vehicle searches incident to arrest that do not fall within the Gant guidelines.

May 31, 2009

Patrol

Saving Money Through Training

Officers who fall behind on core training and who stop getting regular updates on recent case law become a civil liability to themselves and their employers.

April 30, 2009

Patrol

Updating Weapons Frisks

Although it's common to see the term "stop and frisk," it's possible that there might be justification for a stop, but not for a frisk.

March 31, 2009