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Vol. 35 No. 1 Jan / Feb 2006
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Highlights of This Issue

United States Supreme Court Action

  • Major Pending Cases: exigent circumstances for warrantless hom entry; knock-and-announce rule for search warrants; retaliation for filing sexual harassment complaint; non-random testing
  • Decided Cases: mental retardation in capital cases; pretrial access to law libraries; Disabilities Act applicable to prisons

Federal and State Decisions

  • Asking for Identification is not a Fourth Amendment "seizure" requiring probable cause or reasonable suspicion
  • Inventory Search of car based on police intent to discover incriminating evidence is improper
  • Traffic Stop that had sole purpose to use drug dog was improper
  • Dropping Drugs as Officer Approached was legal abandonment
  • Non-Resident Family Caregiver had Fourth Amendment right to privacy and could refuse police request to enter home of his father
  • Withdrawal of Consent was not established by jumping back
  • Interrogation Issues: what is interrogation; rhetorical questions; deviating from Miranda warnings; "I'm going to call my lawyer" was not a request for counsel; lengthy statements of evidence against defendant did not spoil waiver of rights; initial Miranda violation did not taint subsequent confession; use of police agent to interrogate prisoner was proper; questioning about a different crime did not violate Sixth Amendment; improper inducements to confess
  • Videotaping Police Conduct was protected by First Amendment
  • Evidence Issues: showups; flight from police; DUI tests
  • Trial Procedure Issues: entrapment defense; police expert opinion testimony; hearsay statements of murder and domestic violence victims; jail telephone calls; statements made to prison counselor
  • Civil Liability/Personnel Law Issues: police pursuit liability; use of force liability; liability for trachea hold; police false imprisonment; search warrant liability; liability for coercive interrogations; liability for police training classes; preference points for public safety apprentice programs; the "rule of three" in police promotions; rude and insensitive conduct does not constitute a racially hostile environment


United States Supreme Court
Arrest, Search and Seizure
Crimes; Evidence; Defenses; Trial Procedure
Civil Liability / Personnel Law
Annual Digest
Index of Cases Cited


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