ARTICLE 1:  Montejo v. Louisiana Supreme Court Overturns Michigan v. Jackson Miranda Sufficiently Informs a Defendant of the Consequences of Interrogation On May 26th 2009 the United States Supreme Court overturned its prior decision in Michigan v. Jackson which precluded law enforcement from attempting to interrogate a defendant once the defendant was arraigned and requested the appointment of counsel.  The facts on Montejo v. Louisianai  were outlined by the Court as follows: “Jesse Montejo was arrested on September 6, 2002, in connection with the robbery and murder of Lewis Ferrari, who had been found dead in his own home one day earlier. Suspicion quickly focused on [...]

In Ricci v. DeStefano,i the United States Supreme Court reviewed the refusal of the City of New Haven Connecticut to certify promotional exams for the rank of lieutenant and captain within their fire department.  The basis for the City’s refusal was based on the fact that the exam had a disproportionate adverse impact on African-American firefighters who had taken the exam.  Fearful of a lawsuit by the African-American firefighters based upon discrimination, the City refused to certify the exam thereby refusing to promote white and Hispanic firefighters who had successfully completed the exam.  The white and Hispanic firefighters sued the City of [...]

ARTICLE 1:  Montejo v. Louisiana Supreme Court Overturns Michigan v. Jackson Miranda Sufficiently Informs a Defendant of the Consequences of Interrogation On May 26th 2009 the United States Supreme Court overturned its prior decision in Michigan v. Jackson which precluded law enforcement from attempting to interrogate a defendant once the defendant was arraigned and requested the appointment of counsel.  The facts on Montejo v. Louisianai  were outlined by the Court as follows: “Jesse Montejo was arrested on September 6, 2002, in connection with the robbery and murder of Lewis Ferrari, who had been found dead in his own home one day earlier. Suspicion quickly focused on [...]

In Ricci v. DeStefano,i the United States Supreme Court reviewed the refusal of the City of New Haven Connecticut to certify promotional exams for the rank of lieutenant and captain within their fire department.  The basis for the City’s refusal was based on the fact that the exam had a disproportionate adverse impact on African-American firefighters who had taken the exam.  Fearful of a lawsuit by the African-American firefighters based upon discrimination, the City refused to certify the exam thereby refusing to promote white and Hispanic firefighters who had successfully completed the exam.  The white and Hispanic firefighters sued the City of [...]

More on Arizona vs. Gant: Exclusionary Rule ~ 2011 US v. Davis (Supreme Court) Jack Ryan 6-17-2011 Effect of AZ v. Gant on Past Searches Incident to Arrest (11th Cir. U.S. v. Davis): Brian Batterton, 5-11-2010 Final Case Judgement and What it Means to Law Enforcement: Jack Ryan, 4-21-2009 Additional Commentary and Misinterpretations: Jack Ryan, 4-23-2009 Inventory Searches of Motor Vehicles: Jack Ryan, 4-30-2009 On April 21, 2009, the United States Supreme Court decided Arizona v. Gant,i which significantly changed the rules relating to vehicle searches incident to the arrest of vehicle occupants.  In that case, the Supreme Court held that an officer who [...]

The current economic downturn has seriously hurt local communities.  This loss of revenue has direct consequences for local law enforcement agencies.  One of the unexpected consequences is the potential for some police employees to find themselves in financial difficulty.  This is most pronounced when the employee has been counting on income other than normal salary.  Police agencies should assess their policies, look for ways to assist employees who experience severe difficulty, and be alert to possible misconduct. Some of the more common types of income compensation that appears to be coming to a halt or is being significantly curtailed include: [...]