As we say at DLG, traffic stops are the bread and butter of police work and often lead to great cases when we “look beyond the plate”. Of course, the courts have established “rules of engagement” that place restrictions on just how long that extra look can last. As the Supreme Court noted in Rodriguez v. United States, 135 S.Ct. 1609 (2015), “a traffic […]
Reasonable Suspicion is Enough to Extend a Traffic Stop Continue Reading
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COVID-19 & Employment Law FAQs Continue Reading
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COVID-19 (Coronavirus) Law Enforcement Resources Continue Reading
From time-to-time we have discussed issues surrounding 5th Amendment protections available to suspects who are (1) in custody and (2) being asked questions reasonably believed to result in an inculpatory response. Of course, these are the two factors required for Miranda cautions to apply. I am sure all of you have policies and procedures related to this important activity and probably have one or
Adequacy of Miranda Warnings Continue Reading
In past articles we have discussed the proper use of handcuffs and the importance of checking cuffs for tightness and double locking the cuffs to avoid tightening. Some of you may recall the 2004 case out of San Diego where the surgeon was awarded a multi-million- dollar verdict by a jury, based in part, on a finding that officers applied the handcuffs too tightly
Excessive Force by Tight Handcuffs Continue Reading
It is not unusual for us to review car stop cases. As I have said more than once, car stops are the bread and butter of good police work. But what happens in those cases where officers conduct a legitimate car stop based on mistaken information? Fortunately, as we see in this case[1], the courts understand that in the fast-paced business of policing there
Police Mistakes Can Still Lead to Valid Arrests Continue Reading
Today we will touch on a couple of criminal procedure issues – the ability of officers to enter a person’s property to conduct a so-called “knock and talk” and the ever-popular subject of curtilage. As you know, there can be areas outside of a subject’s home that enjoy the same privacy rights as property located within the subject’s home. In a recent Supreme Court
The Limits of Knock and Talk Police Encounters Continue Reading
The subject of today’s article – vehicle inventory searches – is a subject area we have covered before. However, the question we look at in this case, United States vs. Garay[1], is whether the cell phone seized during the inventory should be suppressed because it was not properly listed on the inventory form. More importantly, we actually have a 9th Circuit Court of Appeals
Seizure, Search of Mobile Phone Post High-Speed Chase Continue Reading
This week we look at a traffic stop case, United States v. Gurule[1], that touches on a number of issues – requiring passengers to exit the vehicle during the stop, consent to search, and frisking the passenger during a consent search. I often say that the success or failure of a case is often determined based on a matter of seconds and the quality
Detention and Frisking of Car Passenger was Proper Continue Reading
Certainly, there is a great deal of discussion among law enforcement, the media, and the public concerning ICE operations at large employment centers. Do undocumented workers have 4th Amendment protections in these situations and, if so, can evidence of alienage be suppressed if improperly secured by officers or ICE agents at the scene? Let’s take a look at the facts in the Cruz[1] case
Undocumented Alien’s 4th Amendment Protections during ICE Detention Continue Reading