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Vol. 35 No. 5 Sep / Oct 2006
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Highlights of This Issue

United States Supreme Court Action

  • Supreme Court Clarifies the rules concerning admissibility of statements made by domestic violence victims and employer liability for discrimination complaints by employees
  • Significance of Pending Cases for 2007

Federal and State Decisions

  • Incorrect Address did not void search warrant for residence
  • Police Mistake in entering wrong room to search did not void the search; officer made an honest but understandable mistake
  • Police-Created Exigent Circumstances did not excuse obtaining a search warrant; officers' entry created the exigency
  • Drug Suspect Status warranted pat-down for officer safety
  • Prolonging a Traffic Stop voided a consent to search
  • Exigent Circumstances did not permit warrantless police re-entry into home after fire was extinguished; entry was investigative
  • Approaching Vehicle With Drawn Gun constituted an arrest
  • Interrogation Issues: custody; probable cause to arrest; admission of a lie; inconsistencies; foreign language issues; request for counsel; reinitiation of questioning; effect of prior attorney appearance; improper two-stage interrogation techniques; promises of leniency
  • Crimes, Evidence, Defense Issues: police officer leaving scene of accident off-duty; forfeiture of office; forfeiture of drug money; police intercom systems; self-defense in attempted murder of police officer; on-lookers encouraged defendant to shoot police officer
  • Trial Procedure Issues: no pre-trial release for drug defendant who threatened law enforcement witness; police testimony about DUI test; police testimony about conversation with another officer; police testimony about presence of drugs; forensic lab employee
  • Civil Liability/Personnel Issues: vicarious liability for use of force; handcuff liability; police pursuit liability; liability for allowing intoxicated motorist to drive; municipal liability for officer's sexual misconduct; retaliation for officer's involvement in internal corruption investigation; non-random police drug testing; off-duty making of sexually explicit videos was not protected speech
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Arrest, Search and Seizure
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