Tag: Search and Seizure: Page 14

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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

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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

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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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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

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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

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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

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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

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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

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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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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

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Cut-Resistant Glove Liners

Hatch

Hatch has added the X11 liner to its series of gloves, offering extreme cut resistance without additional bulk. The gloves are designed to be comfortable and flexible enough for any task while protecting the entire hand against injury from sharp objects. The new glove can resist 11 pounds of cut force, more than twice that of the former leader, the Hatch Friskmaster Max.

February 29, 2004

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Officer Safety Searches

Obviously, no reasonable officer is going to risk his or her personal safety or the public safety in order to satisfy rules regulating the admissibility of evidence in a criminal trial, or even to avoid personal civil liability.

October 31, 2003