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    United States Supreme CourtSummary of Law Enforcement Cases 2004-2005 Term

    United States Supreme Court Summary of Law Enforcement Cases 2004-2005 Term Each term, the United States Supreme Court decides cases having a direct impact on various aspects of law enforcement operations. During the 2004-2005 term, the Court decided 5 such cases touching on day to day operations in law enforcement. These cases have been detailed in the legal update as they ...
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    U.S. Court of Appeals 8th Circuit and Federal Liability forEmergency Vehicle Operation

    An area where few federal lawsuits have occurred has been where a collision occurs at the result of a police officer’s emergency vehicle response to an in-progress radio call. A new case from the United States Court of Appeal for the 8th Circuit may expose public safety agencies to further liability in federal court based upon non-pursuit emergency vehicle operation. In ...
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    Overview of Police Liability

    While police officers may believe that they will be exposed to liability for all of their actions, both proper and improper, the fact of the matter is that most courts have avoided second-guessing police actions and have only sanctioned the most egregious conduct. There are various levels of liability that may exist when an officer’s actions are deemed improper. The purpose ...
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    The Subject Specific Interview Approach

    In recent years several behavioral science experts have focused their research efforts on reviewing hundreds of investigative interviews and interrogations. There have been two goals of some of these studies. One has been to determine how successful the interviewers are at accurately identifying and analyzing the behavioral signs of deception. The second has been to gain greater insight into the investigative ...
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    The Law of Citizen Contacts and Stop and Frisk

    On a daily basis police officers have contacts with citizens that are consensual and thus do not implicate the Fourth Amendment. These contacts do not require the police to have any level of suspicion to justify the contact. Since police do not justify the stop based on some level of suspicion, the police have no authority to force a non-willing citizen ...
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    Use of Deadly ForcePre-Shooting Events Impacting Reasonableness of Shooting

    An on-going issue in deadly force cases is how courts will review the totality of circumstances surrounding the shooting and how officer tactics and actions before the shooting may have an impact on the reasonableness of the use of deadly force. Some of the federal circuits view the “totality of circumstances” as only that moment in time where the officer pulls ...
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    Money Laundering Control Act

    § 1956. Laundering of monetary instruments (a) (1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity— (A) (i) with the intent to promote the carrying on of specified unlawful activity; or ...
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    The Subject Specific Interview Approach

    In recent years several behavioral science experts have focused their research efforts on reviewing hundreds of investigative interviews and interrogations. There have been two goals of some of these studies. One has been to determine how successful the interviewers are at accurately identifying and analyzing the behavioral signs of deception. The second has been to gain greater insight into the investigative ...
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    Vehicle Checkpoints

    Over the past decade the United States Supreme Court has decided three cases dealing with law enforcement checkpoints involving car stops by police officers without individualized suspicion to believe that the operator of the vehicle had done anything wrong. In Michigan v. Sitz, 496 U.S. 444 (1990), the Court approved of Sobriety Checkpoints where the police were acting pursuant to set ...
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    Unreasonable Frisk May Lead to Liability

    In Terry v. Ohio, 392 U.S. 1 (1968), the United States Supreme Court authorized police officers to stop and detain individuals where the officer had reasonable suspicion (some facts and circumstance but less than probable cause) to believe that the person to be stopped was involved in criminal activity. Officers were authorized to use force, short of deadly force to accomplish ...
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    Use of Force: TASER

    Over the past few years, the use of Tasers (electronic restraining/compliance device) has become more common among law enforcement agencies nationwide. As the use of Tasers becomes more prevalent, law enforcement agencies can expect claims to be made regarding their use. As with any use of force, courts will look at three factors in determining if a particular use of force ...
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    Justice Department Findings in Regards to Illegal Immigrants

    http://www.usdoj.gov/oig/reports/OJP/a0707/final.pdf
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    Trial to Decide if 1st Grader is Fully Aware to Assume Risk Monkey Bars Claim Another Victim

    A jury should decide whether a six-year-old assumed the risk of injury when he fell off a piece of school playground equipment and was injured, the Supreme Court of New York has ruled. The plaintiff, a first-grader, was injured in October 2001 when he fell from his school’s monkey bars during recess. The pupil was one of 25-30 first-graders on the ...
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    Preparing a Defense in Law Enforcement Litigation: A Formula for Law Enforcement

    Any significant law enforcement event has the potential to develop in a claim made against the agency and the officers involved. The likelihood of a lawsuit is enhanced when individuals involved in the event are injured or claim a violation of their rights at the outset. Depending upon the nature of the event and the public interest involved, the media may ...
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    TASER® Draper v. Reynolds Review of Incidents—Recommendations for Use

    Over the past few years, the use of Tasers® (electronic restraining/compliance device) has become more common among law enforcement agencies nationwide. As the use of Tasers® becomes more prevalent, law enforcement agencies can expect claims to be made regarding their use. As with any use of force, courts will look at three factors in determining if a particular use of force ...
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    Police Involvement Does Not Always Invalidate Search

    An issue that is often raised in school search cases is the question as to what level of police involvement will require that a search be supported by probable cause rather than the reasonable suspicion standard allowed for school officials. A case on point was decided by the Superior Court of Pennsylvania recently. In the Interest of A.D., 844 A.2d 20 ...
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    U.S. Supreme Court Refuses to Exclude Statements of Foreign Nationals where Vienna Convention is Violated

    Under Article 36 (1) (b) of the Vienna Convention on Consular Relations, a person who is detained by a foreign country has the right to request that the consular post of his country be notified. The article further provides that a person from another country who is detained must be informed of these rights. The impact of Article 36 on local ...
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    Presence of SRO Does Not Invalidate Interrogation

    J.D. v. Commonwealth of Virginia, 2004 Va. App. LEXIS 31 (Va. Ct. App. 2004). Following a clear trend the Court of Appeals of Virginia recently ruled that the presence of a School Resource Officer while a school official conducts an interrogation does not invalidate the interrogation. J.D. was identified as a possible suspect in some thefts occurring at his school. J.D. ...
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    US Supreme Ct Anticipatory Search Warrent United States v. Grubbs

    United States Supreme Court: Anticipatory Search Warrant Valid Though Triggering Event Not Included in Warrant The United States Supreme Court held that an anticipatory search warrant, that described the triggering event for execution in the affidavit, but not the warrant or the attached schedules that were given to the suspect at the residence, still met the particularity requirement of the 4th ...
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    Presence of SRO Does Not Invalidate Interrogation

    J.D. v. Commonwealth of Virginia, 2004 Va. App. LEXIS 31 (Va. Ct. App. 2004). Following a clear trend the Court of Appeals of Virginia recently ruled that the presence of a School Resource Officer while a school official conducts an interrogation does not invalidate the interrogation. J.D. was identified as a possible suspect in some thefts occurring at his school. J.D. ...
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