Tag: Point of Law: Page 19

Keeping the Peace During Civil Disputes

Although it’s tempting to take sides on certain calls, doing so can have major repercussions for you and your agency.

March 31, 2006

Seizing Evidence in Plain View

The Fourth Amendment governs three forms of activity: searches (intrusions into privacy), seizures of the person (detentions and arrests), and seizures of property. If these acts are not authorized by judicial warrant, they must come within one or more of the court-created exceptions for warrantless search and seizure (Katz v. U.S.). One of these exceptions is called “plain view.”

February 28, 2006

Right to Counsel

Law enforcement officers are quite familiar with the court-created "right" to counsel established by the Miranda opinion, to protect the Fifth Amendment trial privilege against compelled self-incrimination. But it applies only during police custodial interrogation.

January 31, 2006

Davis Rules

In a fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part-way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer.

December 31, 2005

Taking Evidence from the Suspect

A criminal suspect has a Fifth Amendment right not to be compelled to incriminate himself, so he cannot be forced to make a statement. But if he is lawfully in custody, he can be compelled to submit to particular tests or to provide exemplars of his physical attributes. Under some circumstances, he can also be compelled to behave in certain ways (“modeling”) in order to assist in identification.

November 30, 2005

Residential Protective Sweeps

There's always a risk that when a Supreme Court decision discusses two or more major points, those points may get blurred. One familiar example is Terry v. Ohio, which is often cited as the opinion that gave us the "stop and frisk" rule.

October 31, 2005

Public Safety Searches

For at least 10 years, it has been clear that terrorists favor targeting transportation systems, high-density population venues, and symbolic structures.

September 30, 2005

Investigative Traffic Stops

Most traffic stops are routine. You see a moving or equipment violation, make the stop, and issue a citation or warning. Everything’s over in 10 minutes or so.

August 31, 2005

Searching Third-Party Residences

Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.

July 31, 2005

Resumption of Questioning

Once a custodial suspect has been given Miranda warnings, there are three basic options he can choose to exercise: (1) waive his rights and agree to talk, (2) invoke his right to remain silent, or (3) invoke his right to counsel. The suspect’s response determines whether, and under what circumstances, he can later be re-approached by law enforcement officers to obtain an admissible statement.

June 30, 2005

K-9 Sniffs and the Fourth Amendment

Under what circumstances is it permissible to use a dog to try to detect the presence of narcotics or dangerous substances without prior suspicion? The Supreme Court has considered this issue in three decisions.

May 31, 2005

Holding Back Home Occupants

When you go into a suspect’s home to execute a search warrant, it’s not uncommon to find several people present, whether suspects, family members, or others. Sometimes, occupants may outnumber officers on the scene. This can create problems of safety and control, making it more difficult to carry out the search. Realizing this, the Supreme Court has provided guidelines on the ability of officers to detain, handcuff, and question occupants while a search takes place.

April 30, 2005

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