Typically, force that is intentionally applied is analyzed under the Fourth Amendment reasonableness standard.  However, recently, the Tenth Circuit Court of Appeals decided a case that is an exception to this rule. In Clark v. Edmunds, a sheriff and two deputies went [...]

Liability for police pursuits originates from two separate sources.  The first is federal constitutional law, particularly the Fourth and Fourteenth Amendments.  Fourth Amendment liability is possible when an officer, through a means intentionally applied (such as P.I.T., ramming, or stop [...]

One of the rights guaranteed under the Sixth Amendment to the United States Constitution is the right of a suspect to confront witnesses against him or her.  In 2004, the United States Supreme Court decided Crawford v. Washingtonwhich has had a [...]

The Court of Appeals of Arizona recently decided Arizona v. Londo, and held that even though an officer conducted a non-Mirandized custodial interrogation of a drug suspect, the statement was admissible under the “rescue doctrine.” i  In this case, undercover officers were working [...]

United States v. Douglass, No. 05-2608, 2006 U.S. App. LEXIS 27400 (7th Cir. 2006) All law enforcement officers are taught in the police academy that there are three types of officer/citizen encounters. The first type is a consensual encounter. Consensual [...]

In most instances, the Fourth Amendment requires that searches and seizures be based upon probable cause and pursuant to a warrant. However, exceptions to this rule do exist. While probationer’s homes are protected by the Fourth Amendment’s requirement that searches [...]

Golphin v. Florida, No. SC03-554 (December 14, 2006) The Supreme Court of Florida recently decided an important case regarding consensual encounters. In Golphin v. Florida, 1 two police officers were on patrol in an area of Daytona Beach that is known for [...]

U.S. v. Courtney, 463 F.3d 333 (5th Cir. 2006) Cherie Marie Courtney testified falsely at the trial of her boyfriend, Shawn Kilgarlin. Two EPA Special Agents conducted two interviews with Courtney. A year later she was indicted, arrested and Mirandized. [...]

Rodriguez v. Farrell, 280 F. 3d 1341 (11th Cir. 2002) Chapman v. City of Atlanta, No. 05-15505, 2006 U.S. App. LEXIS 20767 (August 14, 2006) On January 20, 2002 the 11th Circuit Court of Appeals held that, when the police [...]

Often questions arise as to whether a police officer needs a search warrant in order to search a motor vehicle. Fortunately, the Supreme Court of the United States has a fairly extensive body of law commonly called the “automobile exception” [...]