n 1983, the United States Supreme Court, in Michigan v. Long [i], held that officers may conduct a search of the passenger compartment of a motor vehicle, limited to areas that could conceal a weapon, when there are specific, articulable facts that [...]
Knock and talks are often used by law enforcement officers to attempt to further an investigation where information immediately known may be short of probable cause. On February 10, 2014, the Eighth Circuit Court of Appeals decided the United States v. [...]
Generally, searches of residences must be supported by probable cause and a warrant. However, the courts have recognized exceptions to this general principal, such as consent and exigent circumstances. On March 4, 2014, the Court of Appeals of Georgia decided Payton [...]
On February 6, 2014, the Court of Appeals of Georgia decided Armstrong v. State [i], which serves as an excellent review of the legal requirements of a lawful inventory search of a vehicle. The facts of Armstrong, taken directly from the case, are as [...]
On November 13, 2013, the Fourth Circuit Court of Appeals decided Ayala v. Wolfe [i] which serves as an excellent review of constitutional law regarding the police use of deadly force. The facts of Ayala, taken directly from the case, are as follows: [...]
On October 4, 2013, the Tenth Circuit Court of Appeals decided the United States v. Willis [i] which serves as excellent review of the law related to investigative detentions based upon information received in a police dispatch. In Willis, a complainant called 911 [...]
On February 25, 2013, the Eighth Circuit Court of Appeals decided Folkerts v. City of Waverly [i] which is instructive regarding the application of the Fourteenth Amendment and the Americans with Disabilities Act (ADA) to police interrogations. The facts of Folkerts, taken directly from the case, [...]
On June 12, 2013, the Court of Appeals of Georgia decided Davis v. State [i] which is instructive regarding the legality of officers questioning passengers of automobiles which have been stopped for traffic violations. The facts of Davis are as follows: On January 24, [...]
On February 5, 2013, the Court of Appeals of Georgia decided Hernandez-Lopez v. State [i], which addressed the issue of whether a “hit” from a license plate reader that the registered owner was a “wanted person” provided sufficient legal justification to stop [...]
Law enforcement officers have, in recent years, come to rely on GPS technology to assist in vehicle surveillance. However, in 2012, the United States Supreme Court decided the United States v. Jones [i], in which they held that the government’s installation and [...]