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Tag: Fourth Amendment
Point of Law
Point of Law: Traffic Stops and Tough Questions
Can officers ask about parole status during a stop without violating the Fourth Amendment?
December 19, 2024
Point of Law
Point of Law: Vehicle Impoundment, Inventory Searches, and the Fourth Amendment
United States v. Ramos serves as a reminder for officers about the possible challenges that may arise when invoking an exception to the Fourth Amendment’s warrant requirement.
December 17, 2024
Point of Law
Point of Law: Reasonable Suspicion in Vehicular Stops and Searches
Understanding the nuances between reasonable suspicion and probable cause is crucial in navigating the legal framework of the Fourth Amendment.
November 30, 2023
Point of Law
Point of Law: Involuntary Statements During Interrogation
An Eighth Circuit case hinged on whether a suspect could be questioned while under pain meds in the hospital.
January 3, 2023
Point of Law
Point of Law: Suspicious Movements Can Lead to a Reasonable Frisk
Officers can go off of reasonable suspicion To enact a seizure and Terry frisk.
April 6, 2022
Point of Law
Point of Law: Recent Rulings on Exigency
A 2021 case involving an Iowa police department reveals how the Supreme Court is refining the exigent circumstances exemption.
February 2, 2022
Point of Law
Point of Law: Warrantless Search Incident to Arrest
When a convicted felon fled from a traffic stop, officers pursued and arrested him. Then they searched his vehicle and his personal effects.
November 24, 2021
Point of Law
Understanding Fourth Amendment Seizure
Can it be a seizure when a person isn’t “seized?”
October 6, 2021
Point of Law
Point of Law: When is an Officer-Involved Shooting a Seizure?
The Supreme Court recently ruled on a New Mexico case that established when a use of force constitutes a Fourth Amendment seizure.
May 19, 2021
Point of Law
Supreme Court Restricts Warrantless Searches for "Community Caretaking"
While Cady recognized that police perform “many civil tasks” in modern society, the “recognition that these tasks exist” is not “an open-ended license to perform them anywhere,” Justice Clarence Thomas wrote in the majority opinion.
May 18, 2021
Point of Law
Recalling Police Use of Force Law—Constitutional Law Crate, Part 1
Attorney Missy O'Linn explains her "Constitutional Law Crate," which she created as 11 flash cards assembled into a cube, or crate, to give officers a way to remember the most imperative information when testifying in court, such as the three levels of force and Graham v. Connor.
February 6, 2019
Patrol
Community Caretaking Searches
Few of the safeguards granted to individuals in the United States under the Bill of Rights are more vociferously defended than the Fourth Amendment guaranteeing protection against unreasonable searches and seizures. This is especially the case where the entry of private residences is concerned.
April 7, 2016
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