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Vol. 35 No. 3 May / Jun 2006
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Highlights of This Issue

United States Supreme Court Action

  • Court Clarifies Retaliatory Prosecution Claims against public officials; plaintiffs must prove absence of probable cause
  • Anticipatory Search Warrants approved
  • Consent to Search Premises rules revised

Federal and State Decisions

  • Prolonging a Traffic Stop constitutes a Fourth Amendment seizure
  • Two-Second Wait for service of knock and announce warrant was unreasonable, but evidence did not need to be suppressed
  • "Plain Touch" Rule applied to Terry frisk and seizure of drugs from a pocket; officer knew from experience that object was drugs
  • Impoundment of Car not justified merely because it was illegally parked; court rejects application of community-caretaking function
  • Consent to Search Car was valid when given by wife of driver
  • Good Faith Exception not applicable to search exceeding the scope of warrant; good faith exception applies only to probable cause
  • Interrogation Issues: two-step interrogation tactics; non-intentional Miranda violations; custody issues; use of handcuffs; spontaneous statements; presentence interview; compulsion; invocation of right to counsel; conferring with attorney; ambiguous questions
  • Crimes, Evidence, Defense Issues: contempt; identification issues; police photo array; expert testimony on reliability of eye witnesses; hearsay; 911 tapes; police entrapment by promises to defendant
  • Trial Procedure Issues: police testimony about statements of unidentified persons; police testimony about statements made at hospital; undercover police witness; exclusion of defendant's relatives from trial; qualifications of police expert witness on firearms
  • Civil Liability/Personnel Issues: false arrest liability-policies; liability for jail suicides; police pursuit liability-policies; police dispatcher liability; police liability in DUI cases; police discipline-right to a hearing; law enforcement free speech rights; "policymaker" issue; police mandatory retirement; physical and mental fitness testing; police workers' compensation—off-duty sports activity
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United States Supreme Court
Arrest, Search and Seizure
Crimes; Evidence; Defenses
Trial Procedure
Civil Liability / Personnel Law


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