Tag: Point of Law: Page 18

Cold Case Interrogations

In many instances, the suspect in a cold case turns out to be someone who is serving time for another crime. What are the considerations for conducting custodial interrogation of such a prisoner, insofar as Miranda and the Sixth Amendment right to counsel are concerned?

February 28, 2007

Search Warrant Exceptions

The requirement of the Fourth Amendment is that all searches be "reasonable." The Supreme Court has ruled that warrantless searches are presumed to be unreasonable, "subject only to a few specifically established and well-delineated exceptions."

January 31, 2007

The Lawful Use of Deception

It might be nice if law enforcement officers never had to lie to a criminal suspect in order to solve a crime. In fact, some police advisors do suggest to officers that they should never mislead a suspect. Unfortunately, the reality is otherwise.

December 31, 2006

Preserving and Disclosing Evidence

Most law enforcement officers are familiar with the term “Brady error.” But what exactly does the Brady rule cover, and what obligation does it impose on police? Under the Brady line of cases, when must officers preserve evidence, and what must be revealed to the prosecutor? These questions have been answered in a series of opinions from the U.S. Supreme Court.

November 30, 2006

ID Procedures and the Right to Counsel

There are several ways a crime victim or other eyewitness might have an opportunity to identify a stranger-perpetrator of a crime before being called as a witness in court. (If the perpetrator is an acquaintance, the ID will not generally be an issue.)

October 31, 2006

30th Anniversary: High-Impact Decisions

Every U.S. Supreme Court decision on the criminal justice provisions of the Constitution (especially the Fourth, Fifth, Sixth, and Fourteenth Amendments) is important to law enforcement, but some have a more significant day-to-day impact on police work than others.

September 30, 2006

Miranda Wording

When custodial interrogation is imminent and it's time to give the suspect a Miranda warning, what exactly do you have to say? The answer is, nothing exactly. The U.S. Supreme Court, which created the necessity of a warning of rights and a waiver as prerequisites to the prosecutorial use of a statement obtained through custodial interrogation, has never held that any precise wording is required.

September 30, 2006

Parole and Probation Searches

After pussyfooting around the issue for years, the U.S. Supreme Court has finally come to a decision on what justifies a probation or parole search.

August 31, 2006

Knock Notice After Hudson

Never mind the headlines and the editorials proclaiming that the Supreme Court did away with the knock-and-announce requirement for execution of search warrants in the recent case of Hudson v. Michigan. The court did no such thing.

July 31, 2006

Entry to Quell a Disturbance

Any law enforcement entry into private premises, including a residence, or an office or other commercial area that is not open to the public, is governed by the Fourth Amendment. Officers may make lawful entry only in four ways, and the consequences of unlawful entry can include suppression of evidence and civil liability.

June 30, 2006

Anticipatory Search Warrants

Can you get a search warrant in advance that will authorize you to enter and search for the suspected items once the designated time arrives or the triggering event occurs? According to a 2006 U.S. Supreme Court decision, the answer is, yes.

May 31, 2006

Third Party Consent Searches

One of the "firmly established exceptions" to the warrant requirement for searches and seizures is the "consent exception."

April 30, 2006

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