Tag: Fourth Amendment: Page 10

Patrol

Fourth Amendment Supremacy

Evidence discovered during a search incident to an arrest supported by PC is not suppressible in the majority of state courts.

May 31, 2008

Training

Reflex Fire

It's not uncommon to hear or read about officer-involved shootings where multiple officers emptied their loads into the suspect and anything within 10 feet of him. Asked about why they opened fire, bystander officers may reply, "When another officer started shooting, I just reflexively started shooting, too."

April 30, 2008

Patrol

Unmixing Mixed-Up Concepts

How many times have you heard the expression "PC for the stop"? How about the application of Miranda once the suspect is "not free to leave?" These are common examples of improper mixing that can undercut the case against a guilty perpetrator.

December 31, 2007

Special Units

Reasonable Execution of Search Warrants

A search conducted under a valid search warrant can still violate the Fourth Amendment if it is conducted in an unreasonable manner. "It is incumbent upon the officer executing a search warrant to ensure the search is lawfully authorized and lawfully conducted." (Groh v. Ramirez)

July 31, 2007

Special Units

Clearing Up Knock-and-Announce Confusion

The detective rapped on the front door. Then three seconds later, instead of waiting for a resident to answer, one of the officers on his team kicked in the door. They had expected to find a meth lab in the apartment, but the man and woman they'd awakened in the middle of the night and handcuffed had committed no crimes. The officers had raided the wrong apartment.

July 31, 2007

Patrol

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

Patrol

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

Patrol

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

Patrol

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

Patrol

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

Patrol

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

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