Tag: Fourth Amendment: Page 8

Patrol

SCOTUS Sides with LE on Illegal Searches

The U.S. Supreme Court has ruled in favor of law enforcement officers who perform an illegal search in good faith, which wouldn't trigger the exclusionary rule for evidence that incriminated the subject.

June 15, 2011

Patrol

Probable Cause and Reasonable Suspicion

Some actions you take have been classified by Supreme Court decisions as requiring that you articulate a "reasonable suspicion" in order to make them constitutionally reasonable, while others can be undertaken only if there is "probable cause" ("PC"). But what do these terms mean? And how do you match the right level of justification with the kind of conduct you're seeking to justify?

June 6, 2011

Patrol

Supreme Court Sides With Police on Evidence-Destruction Case

A U.S. Supreme Court decision handed down Monday gives law enforcement officers the right to forcibly enter a residence if they suspect evidence is being destroyed after they have announced their presence.

May 15, 2011

Technology

Michigan State Police Say Cell Phone Data Only Extracted with Consent, Warrant

Michigan State Police use devices to extract information from people’s cell phones only with owners’ consent or with a search warrant, an official told a House committee today.

April 25, 2011

Technology

DOJ Asks SCOTUS to Review Police GPS Tracking Case

The Justice Department has asked the U.S. Supreme Court to consider whether the use of GPS tracking devices on suspect vehicles without a warrant is allowed under the Fourth Amendment.

April 17, 2011

Technology

Michigan ACLU Questions Troopers' Use of Cellphone Data Extractors

The American Civil Liberties Union of Michigan wants more information about how Michigan State Police troopers are using devices known as cellular data extractors to retrieve information from a citizen's mobile device during a traffic stop without their consent.

April 17, 2011

Patrol

Impound Inventory

When a suspect's vehicle is lawfully impounded (such as when the driver is arrested where the vehicle cannot be safely parked and locked, and there is no sober, licensed driver to take custody of it), it is usually permissible to conduct a standard inventory of the vehicle and its contents.

April 13, 2011

Technology

Florida Agency Using Skype To Obtain Warrants

Cpl. Darin Morgan came up with an idea to save time when obtaining blood search warrants from judges in cases involving impaired drivers. Using Skype can shave hours off police time spent traveling and waiting to meet judges in person.

March 28, 2011

Patrol

Mi Casa Es Su Casa

When you take down a drug house, or enter a home to investigate domestic violence, or serve a search warrant at a residence, which of the multiple people that you sometimes encounter would have the legal standing to challenge the lawfulness of your entry and search?

March 9, 2011

SWAT

No-Knock Searches: Reasonable or Deadly?

Incidents like the Todd Blair shooting put pressure on judges to deny requests for no-knock warrants. Don't ask for a no-knock warrant unless it really is necessary.

March 6, 2011

Patrol

SCOTUS Appears To Give Police More Leeway In Searches

In the past, the high court has said officers need a search warrant to enter a home, but during arguments in a drug case, the court's conservatives said they favored relaxing that rule when police say they have a need to act fast.

January 12, 2011

Patrol

Calif. High Court OKs Cell Phone Searches Without Warrant

The majority of justices, in their ruling, agreed that the cell phone was a personal item of Diaz's at the time of his arrest and during administrative processing at the station.

January 5, 2011