The Use of Deadly Force and the Duty to Warn
Warning a resisting suspect that deadly force is about to be used is an element of the ultimate determination of the reasonableness of an officer’s use of deadly force.
A Geofence Search Warrant Must Particularly Describe the Thing or Place to be Searched and the Property
Geofence warrants are lawful so long as in compliance with these rules, and while limiting an investigator’s unfettered discretion in deciding whose electronic device to search.
An illegal detention may poison an otherwise lawful search under the “fruit of the poisonous tree"...
An illegal detention may poison an otherwise lawful search under the “fruit of the poisonous tree doctrine.” Intervening circumstances, however, may attenuate that taint, making the subsequent search lawful. Whether or not the taint of an unlawful…
Searches of Vehicles for Marijuana & Persons under the age of 21 may not legally possess marijuana.
A strong odor of burnt marijuana emanating from inside a motor vehicle provides probable cause to search that vehicle under the “automobile exception.” The fact that the occupants of the car were under the age of 21 insures the legality of a search…
A Statute That Purports to Make Illegal the Videotaping of Police in Public Violates the 1st Amendment
A private person videotaping law enforcement officers in public, while the officers are in the performance of their duties, is a First Amendment right. As such, a state statute attempting to criminalize the act of videotaping an officer while…