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Vol. 35 No. 4 Jul / Aug 2006
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Highlights of This Issue

United States Supreme Court Action

  • Court Limits Free Speech Rights of public employees
  • "Knock and Announce" Rule violations do not require suppression of evidence under Fourth Amendment exclusionary rule
  • Parolees May Be Searched without reasonable suspicion
  • Warrantless Home Entries approved to prevent injury to occupants

Federal and State Decisions

  • Shining Flashlight on Defendant was not a Fourth Amendment "seizure"; abandoned evidence was therefore admissible
  • Blocking a Car is a Fourth Amendment "seizure"
  • Loss of Search Warrant does not require suppression of evidence
  • Moving a Vehicle to conduct a search does not invalidate the search
  • Courtyard of Residence was a constitutionally protected area
  • Telephonic Search Warrant Approved on basis of necessity
  • Duplex Common Hallway not protected by Fourth Amendment
  • Evidence Abandoned During Police Chase was not spoiled by illegal seizure that took place after the chase had ended
  • Interrogation Issues: effect of prior non-custodial warnings; showing victim to defendant was not "interrogation"; ambiguous reference to an attorney; police false statements about probable cause; public safety exception; lie detector issues; sentencing hearing evidence; "pre-interview" statements; telling defendant to tell the truth; effect of sleep deprivation; effect of initial refusal to discuss crime
  • Crimes, Evidence, Defense Issues: causing death of police officer in chase; giving police false name; videotape of traffic stop; racial profiling; outrageous police conduct; focusing on defendant
  • Trial Procedure Issues: disclosure of informer; police testimony about informer; police testimony about quantity of drugs
  • Civil Liability/Personnel Issues: false arrest; entrapment; consent searches; police pursuit; use of force; control hold; training exercises; loss of evidence; free speech; showing racist tattoos; contract issues; disclaimers; racial discrimination; retaliation; sexual harassment
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