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Vol. 36 No. 2 Mar / Apr 2007
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Highlights of This Issue

United States Supreme Court Action

  • False Arrest Suits under Civil Rights Act clarified
  • Sentencing Procedures revised by Court; potential impact on states
  • Crime of Theft includes aiding and abetting commission of theft

Federal and State Decisions

  • Arrest, Search and Seizure Issues: probable cause; collective knowledge doctrine; criteria for protective sweep of premises; search warrants; need for officer to be sworn; effect of judge's clerical error; routine practice evidence; probation search condition—officer's knowledge thereof; consensual encounters; reasonable suspicion; consent searches; effect of "palms up" as evidence of consent
  • Interrogation Issues: what constitutes Miranda custody; search of defendant's home and business; effect of freedom to leave; what constitutes interrogation; telling suspect police have talked to other people; sufficiency of waiver; use of interpreter over the phone; deception; elements of public safety exception; jailhouse telephone monitoring; promises to tell prosecutor of cooperation
  • Crimes, Evidence, Defense Issues: police extortion; police pay offs to stop harassing bar customers; DUI; resisting arrest; temporary operating permits; internet distribution of pornography; tacit understanding was sufficient to establish drug conspiracy; subnormal intelligence was relevant to establish entrapment defense
  • Trial Procedure Issues: admissibility of police officer's misleading report in prior case; cross examination about credibility of police witnesses; police racial bias; law enforcement officer's alleged use of grand jury information in related civil investigation
  • Civil Liability/Personnel Law Issues: liability for warrantless arrest; liability for use of handcuffs; vicarious liability for excessive force; inadequate training of police officers; liability for deadly force—use of hobbling technique; choke hold liability; police pursuit—ramming and shooting driver; police and EMT liability for not obtaining medical assistance—drug overdose; police discipline; free-speech issues; retaliation; discovery of police personnel files in divorce cases; reverse discrimination in police promotions—failure of department to have standards; Fair Labor Standards Act issues—commuting time


United States Supreme Court
Arrest, Search and Seizure
Crimes; Evidence; Defenses
Trial Procedure
Civil Liability / Personnel Law
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