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By Pam McDonald
This is the case that wasn't. Media coverage indicated, some of it explicitly, that the new U.S. Supreme Court decision in Florence v. Board of Chosen Freeholders of the County of Burlington involved "police" strip-searching even those arrested for the most minor crimes, as if it were about ordinary searches incident to arrest by field law enforcement officers.
(This article was originally published in Law and Order Jun 2012)
By Randy Means
Only custodial interrogation triggers custodial Miranda requirements.
(This article was originally published in Law and Order Dec 2011)
By Pam McDonald
The Supreme Court decision in Brady v. Maryland, 373 U.S. 83 (1963), though decided nearly 50 years ago, still has not been properly institutionalized by police and prosecutors.
(This article was originally published in Law and Order Apr 2012)
By Randy Means
In May 2011, the Supreme Court fi nally answered a question
that has troubled lower courts for years: May police
enter a house without a search warrant under the exigent
circumstances exception to the warrant requirement when police
decisions and conduct create the exigent circumstances?
(This article was originally published in Law and Order Jul 2011)
By Randy Means
Court rules you should not expect privacy on department-issued electronic equipment.
(This article was originally published in Law and Order Sep 2010)
By Cara Donlon-Cotton
In Quon, the Supreme Court ruled that public employees cannot expect privacy in their use of department-issued electronic devices. This decision will have a major impact on law enforcement and raises questions as to whether transcripts used for investigation can become public records.
(This article was originally published in Law and Order Oct 2010)
By Pam McDonald
In Michigan v. Fisher, December 2009, the Court provided some clarification of when police can enter a home under the exigent circumstances exception to the warrant requirement, and it specifically identifies the "emergency aid exception" as one type of exigency that may permit entry into a home without a warrant.
(This article was originally published in Law and Order Feb 2010)
By Pam McDonald
A Terry Stop cannot last forever. A point comes when the suspect must be arrested or released.
(This article was originally published in Law and Order Nov 2009)
By Randy Means
During the 2008 term of court, which includes the following cases from 2009, the Supreme Court issued a number of opinions affecting law enforcement.
(This article was originally published in Law and Order Oct 2009)
By Pam McDonald
Police no longer have automatic authority to search the passenger compartment of a vehicle incident to the arrest of a recent occupant. Police officers have routinely conducted this type of search for 28 years, but the United States Supreme Court prohibited the practice in April 2009 in the decsion Arizona v. Gant.
(This article was originally published in Law and Order Jul 2009)