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

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