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Vol. 39 No. 5 September / October 2010
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Highlights of This Issue

United States Supreme Court Wrap Up

  • Limits Put on Extra Counsel Fees Payable to Attorneys in Civil Rights Cases
  • Use of a Particular Weapon to Enhance a Sentence Is an Element of the Crime, Not Merely a Sentencing Factor

Federal and State Decisions

  • Arrest, Search and Seizure Issues: warrantless arrest; hallway of building; exigent circumstances; search incident to arrest; officer safety; warrantless search; securing premises to obtain warrant; seizure; what constitutes; asking for i.d.; giving Miranda warnings; knock and talk procedures; evidence in plain view; impoundment; vehicles; probable cause; traffic stops; extending the stop; reasonable suspicion; dog sniff; questioning; stop and frisk; reliable informers; right to privacy; garbage receptacle; automobile passenger; furtive movements; consent; actual authority; girlfriend; voluntariness; coercion and intimidation by police
  • Interrogation Issues: Miranda; custody; what constitutes; objective person test; pre-custodial request for counsel; interrogation; what constitutes; voluntariness; coercion; parental pressure
  • Crimes; Evidence; Trial Procedure: police defendant; Garrity statements; use in criminal civil rights prosecution of police officer; entrapment; use of deceit as permissible police technique; allowing Miranda evidence at trial; police expert witness; drug modus operandi; police undercover work; sentence manipulation by police in drug cases
  • Civil Liability/Personnel Law: liability for excessive force; shooting escaping suspect; Fourth Amendment seizure; municipal liability; “final policymaker” issue; liability for pursuits; gross negligence for failure to terminate pursuit; jailers’ liability for excessive force in booking process; reasonableness; police discipline; termination for suing department; free speech issue, “public concern” issue; police discrimination; reporting racism in department


    United States Supreme Court
    Arrest, Search and Seizure
    Crimes; Defenses; Trial Procedure
    Civil Liability / Personnel Law
    Renewal/Order Form; Internet Service


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