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Vol. 37 No. 5 Sep / Oct 2008
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Highlights of This Issue

Special Bulletin:
  • Factors to be considered in determining whether a suspect is "in custody" for Miranda purposes when questioned in his home

United States Supreme Court Action

  • Officer Safety Brief filed by LELR publisher in United States Supreme Court
  • Right to Possess Firearms clarified
  • Sixth Amendment Right to Counsel begins with court appearance
  • Death Penalty for Child Rape ruled unconstitutional
  • Age Discrimination in Employment Act: employers must carry extra burden of proof in age discrimination law suits

Federal and State Decisions

  • Arrest, Search and Seizure Issues: search warrants; false statements in affidavit; smell of marijuana; good faith exception; review by legal advisor; fill-in-the-blanks affidavit; typographic errors; traffic stops; scope issues; consent searches; scope of house searches; 911 calls; emergency tips; monitoring jail calls
  • Interrogation Issues: effect of questioning; custody/interrogation—what constitutes; waiver; effect of drugs and alcohol; videotape; booking exception; two-step interrogation procedures; public safety/officer safety exception; voluntariness; threat to arrest ex-wife; effect of dynamic search warrant entries; attachment of right to counsel
  • Crimes; Evidence; Trial Issues: police sexual misconduct; criminal civil rights violations; assault upon police officers; civil disobedience; DUI offenses; police witness; reference to confidential informer; police vouching for truthfulness of witnesses
  • Civil Liability/Personnel Law Issues: false arrest; negligent reading of in-car computer screen; deadly force liability; non-fleeing, non-threatening felon; excessive force liability; effect of resisting arrest conviction; liability for prisoner's death; drug overdose; liability for destruction of property; liability for training accidents; failure to protect informers; police disciplinary proceedings; right to counsel; disability discrimination; PTSD; retaliation; fair labor standards act; requiring officers to repay training costs


United States Supreme Court
Arrest, Search and Seizure
Crimes; Evidence; Trial Issues
Civil Liability / Personnel Law
Special Bulletin
Renewal Form; Internet Services


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