PATC/LLRMI Articles Feed

INVOCATION OF RIGHT TO COUNSEL DURING INTERVIEW MUST BE UNAMBIGUOUS

Thu, 17 May 2012 08:40:10 -0400

When a person is subjected to custodial questioning by law enforcement, he or she must be advised of their rights under Miranda v. Arizona. One of the rights under Miranda is the right to have an attorney present during questioning. On March 27, 2012, the Seventh Circuit Court of Appeals decided the United States v. Hampton, which serves as an excellent review of the law regarding a suspect’s invocation of his right to counsel. (Continue at http://www.llrmi.com/articles/legal_update/2012_7th_us_hampton.shtml)

EIGHTH CIRCUIT HOLDS BULGE UNDER CLOTHING NOT PC FOR SEARCH

Thu, 17 May 2012 08:39:16 -0400

On March 22, 2012, the Eighth Circuit Court of Appeals decided the United States v. Aquino, which serves as an excellent review for Constitutional law related to stops and searches of persons. (Continue at http://www.llrmi.com/articles/legal_update/2012_8th_us_aquino.shtml)

ISP SUBSCRIBER INFORMATION AND THE 4TH AMENDMENT

Wed, 25 Apr 2012 10:10:28 -0400

On March 15, 2012, the Court of Appeals of Georgia decided Hatcher v. State in which the court discussed whether a person other than the actual subscriber has a reasonable expectation of privacy in Internet Service Provider (ISP) subscriber information.

Continue at: http://patctech.com/news/tech_2012_hatcher.shtml

SUPREME COURT OF GEORGIA UPHOLDS SEARCH OF CELL PHONE INCIDENT TO ARREST

Wed, 25 Apr 2012 10:08:58 -0400

On March 23, 2012, in Hawkins v. State, the Supreme Court of Georgia addressed the issue of whether a cellular phone may lawfully be searched as part of a search incident to arrest of an automobile.

Continue at: http://www.llrmi.com/articles/legal_update/2012_us_hawkins_ga.shtml

COW’s AND CELLULAR RECORDS

Wed, 25 Apr 2012 10:07:25 -0400

As a police officer or criminal investigator there will more than likely be an instance where you will investigate a crime where a cell phone itself or cell phone records are an integral part of your investigation. But what if the cell tower you are requesting information from is a COW (Cell On Wheels)? Will those records be available to you as an investigator?

Continue at: http://patctech.com/news/tech_2012_cow.shtml

FIFTH CIRCUIT DENIES QUALIFIED IMMUNITY FOR OFFICER IN NO KNOCK EXECUTION OF SEARCH WARRANT

Wed, 18 Apr 2012 17:20:47 -0400

On March 9, 2012, the Fifth Circuit Court of Appeals decided Clark v. City of San Antonio, et al, which serves as an excellent review of the legal requirements regarding the knock and announce rule when executing a warrant.

Continue at: http://www.llrmi.com/articles/legal_update/2012_5th_clark_sanantonio.shtml

IS LAWENFORCEMENT READY FOR WI-FI INVESTIGATIVE TECHNOLOGY?

Wed, 18 Apr 2012 17:18:54 -0400

Wi-Fi technology has been publicly available since 1999, however within the last couple years Wi-Fi has made a significant penetration in the day-to-day lives of most people. It is virtually impossible to buy a laptop, cell phone or any other hand held device that does not already come with Wi-Fi available on it. Further, many retail areas and fast-food businesses are using free Wi-Fi availability to draw more patrons to their establishments. These include McDonalds, Starbucks, Panera Bread, libraries, college campuses, municipalities and a host of others - all making free open Wi-Fi publicly available to their patrons or residents. This level of open Wi-Fi availability has created significant challenges for law enforcement to detect, identify and ultimately find suspects to enforce the law regarding illicit downloads and communications.

Continue at: http://patctech.com/news/tech_2012_srt_wifi.shtml

LAW ENFORCEMENT LEGAL UPDATE & BEST PRACTICES WEBINAR TRAINING SERIES

Fri, 6 Apr 2012 16:26:44 -0400

In this series the presenter outlines practical steps to reduce an agency's exposure to liability through policy and procedure. Jack Ryan, Attorney and Retired Officer of over 20 years, outlines U.S. Circuit and Supreme Court case law impacting critical tasks in law enforcement and that shape defensible policies and procedures. Jack is the co-director of the Legal & Liability Risk Management Institute and has authored policies and procedures that have been adopted by public safety risk management pools in over 13 states and hundreds of individual agencies.

WITNESSES: A CRITICAL ELEMENT IN ADMINISTRATIVE INVESTIGATIONS

Fri, 6 Apr 2012 16:25:39 -0400

When your law enforcement agency conducts an administrative investigation you usually have a complainant and your agency employee. Frequently, the complainant has a witness or two. Your employee often has other agency employees, such as a partner or back-up officer, supervisor and the dispatcher.

Continue at http://www.llrmi.com/articles/legal_update/2012_llrmi_witnesses.shtml

THE NEED FOR INTERNAL AFFAIRS AUDITS

Fri, 30 Mar 2012 15:44:22 -0400

Generally law enforcement agencies have operated their IA/OPS system with little oversight. That’s coming to an end. More communities, particularly those in large urban areas, are instituting some form of external review. In some communities it’s a form of civilian review. Since 1997, numerous police agencies have come under the scrutiny of the U.S. Department of Justice, Civil Rights Division, by consent decree, memorandum of understanding or technical assistance agreement. Several others have come under similar oversight by local groups and State Attorney Generals. An integral part of these agreements deal specifically with the citizen complaint process. ..

Continue at: http://www.llrmi.com/articles/legal_update/2012_IA_Audits.shtml

FACEBOOK AND THE FIRST AMENDMENT RIGHTS OF POLICE OFFICERS

Wed, 21 Mar 2012 14:41:02 -0400

An area which raises a great many questions among law enforcement supervisors and administrators is how far may a department go when restricting, through policies, an officer’s use of social media, and under what circumstances can a department discipline an officer without violating the officer’s First Amendment Right of free speech....

Continue at: http://www.llrmi.com/articles/legal_update/2012_facebook_first_amendment.shtml

OFFICER ACTED REASONABLY IN SHOOTING DRIVER OF A CAR (11th Circuit)

Fri, 16 Mar 2012 08:30:47 -0400

On January 30, 2012, the Eleventh Circuit Court of Appeals decided Terrell v. Smith[i], which serves as an excellent review of the law regarding the Fourth Amendment and use of force when officers are shooting at moving vehicles.

...the facts presented here may be in dispute and may not fully represent what actually happened during the incident.

Continue at http://www.llrmi.com/articles/legal_update/2012_11th_terrell_smith.shtml

U.S. SUPREME COURT - Determination of Probable Cause by Magistrate Protects Officers from Liability

Tue, 6 Mar 2012 07:53:59 -0500

Recently the United States Supreme Court overturned a United States Court of Appeals for the Ninth Circuit holding regarding the liability of an officer who had sought and received a search warrant. In Messerschmidt v. Millender the Court held that it will only be in a very narrow instance where an officer can have Fourth Amendment liability for violating the rules of search and seizure where the officer has sought and obtained a search warrant.

Continue at: http://www.llrmi.com/articles/legal_update/2012_us_messerschmidt_millender.shtml

ELEVENTH CIRCUIT UPHOLDS EVIDENCE FOUND DURING VEHICLE INVENTORY

Tue, 6 Mar 2012 07:49:33 -0500

On September 30, 2011, the Eleventh Circuit Court of Appeals decided the United States v. Glover which serves as an excellent review of the constitutional law as it applies to the admissibility of evidence found during vehicle inventories.

Continue at http://www.llrmi.com/articles/legal_update/2012_11th_us_glover.shtml