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Vol. 35 No. 2 Mar / Apr 2006
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Highlights of This Issue

United States Supreme Court Action

  • Evidence of Innocence may be limited at capital sentencing hearings
  • Racial Discrimination in Promotions: consideration of racial slur
  • Update: Supreme Court Law Enforcement Briefs Filed by LELR

Federal and State Decisions

  • Drug Search Warrant permitted seizure of a small locked safe
  • Good Faith Exception to the Exclusionary Rule not allowed for faulty search warrant not supported by police sworn testimony
  • Search of Car 15 minutes after arrest of a passenger was a valid search incident to arrest; no fixed time limit for the rule
  • Plain Touch Rule permitted seizure of plastic bag of marijuana during a Terry frisk; officer could rely on his experience
  • Exigent Circumstances permitted warrantless police entry of apartment where young boy was exposed to marijuana smoke
  • Police Officers Could Accompany Parole Officers on search of parolee's apartment where girlfriend gave consent to search
  • Interrogation Issues: custody issues: accusing defendant of lying, paid informer, reasonable person test; "I don't even want to . . . discuss . . . it . . ." was not invocation of right to silence, but, "I don't even want to talk about it no more . . ." was; reinitiation of interrogation after request for counsel violated Miranda; "public safety" exception to Miranda applied to questioning of drug dealer; questioning defendant about a different crime did not violate Miranda; confession during debriefing on plea agreement was voluntary; confession 14 hours after initial Miranda violation was admissible; fruit of the poisonous tree doctrine
  • Crimes: attempted murder of police officer; police misconduct
  • Evidence Issues: police hearsay testimony; medical diagnosis exception to hearsay rule; business records exception
  • Trial Procedure Issues: entrapment defense; police witnesses
  • Civil Liability/Personnel Issues: police pursuit liability; excessive force liability; search warrant and warrantless search liability; police misconduct; police domestic violence; police plaintiff issues; gender discrimination; police age discrimination; police workers comp
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