Tag: Point of Law: Page 20

Patrol

Arresting Foreign Nationals

The world is, as they say, getting smaller. International travel and relocation are commonplace, which means that police officers everywhere are more likely to encounter crime victims, witnesses, and suspects who are not U.S. citizens. Because of federal law, special procedures may sometimes apply when dealing with foreign nationals.

March 31, 2005

Patrol

ID'ing with Surveillance Photos

By now, most banks and convenience stores have installed video cameras or still cameras to preserve evidence of any criminal event. Following a robbery or other crime, law enforcement officers can use the surveillance video or photos to trace the crook and put together a photo array or lineup to be displayed to witnesses for identification.

February 28, 2005

Patrol

Controlling Lawsuit Risks

Some law enforcement activities are more likely than others to generate citizen complaints, tort claims, and lawsuits (use of deadly or serious force, for example). But even routine detentions, searches, and arrests also present civil liability risks. What can you do to reduce the chances of becoming a defendant in a lawsuit?

January 31, 2005

Patrol

The Waiting Game

In some cases, it’s necessary to take a suspect into custody as soon as you conclude that probable cause exists. But in other cases, making the arrest too quickly might not be advisable. Making an arrest triggers certain constitutional tests and starts the clock running on steps that have to be taken within specified times. Control and safety permitting, it may be best to delay making an arrest until the last practical moment.

December 31, 2004

Patrol

Timing is Everything

The court has now ruled that the timing and other circumstances of an interrogation may undermine the effectiveness of the warning; if the warning is not "effective," the statement is still not admissible, even if the suspect waived and confessed.

November 30, 2004

Patrol

Borderless Concealed Carry

What if local laws forbid you to carry a concealed weapon?

October 31, 2004

Patrol

Stop and Identify

During a temporary detention, does a person have a duty to identify himself or herself to the detaining officer? Can a person be arrested for refusing to do so? The answer to both questions is, "Sometimes."

September 30, 2004

Patrol

Does Miranda Bear Poisonous Fruit?

More than a handful of judges, lawyers, and police officers mistakenly thought of Miranda as some sort of judicial rule about how police officers are required to conduct interrogations.

August 31, 2004

Special Units

Undercover Interrogation

The admissibility rule of Miranda v. Arizona generally dictates that you give the standard warning and get a voluntary waiver before interrogating a suspect in custody. But not always.

July 31, 2004

Patrol

Incident to Arrest

A new Supreme Court ruling expands officers’ vehicle search capabilities.

June 30, 2004

Patrol

Courtroom Conduct

After all you've gone through to make the collar and get the case prosecuted, the last thing you need is to cause a mistrial because of some miscue around the courthouse when your arrestee is on trial.

May 31, 2004

Patrol

Hearsay and Confrontation

Hearsay rules confound police, lawyers, and judges alike. "Hearsay" is a statement made outside the courtroom that might be true or false, repeated in court to prove that it was true.

April 30, 2004