Many officers are of the belief that if they have the legal right to detain a suspect, they can automatically frisk that suspect “for officer safety.”  However, in 1968, the United States Supreme Court held that an officer may conduct a limited search (frisk) of a suspect for weapons when the officer reasonably believes that the suspect, who is detained pursuant to a lawful investigatory detention, is armed and dangerous.i  Specifically, the court, in Terry held Where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that [...]

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 to Sheryl Clark’s residence, which was also the motel in which she worked, in order to take Ms. Clark’s adult daughter into protective custody for an emergency mental health evaluation.i  When Sheriff Edmunds was physically escorting the daughter, who was being argumentative, from the residence, Ms. Clark turned toward the Sheriff.  Ms. Clark said she just wanted to see what [...]

The Fourth Amendment does not require the suppression of evidence obtained incident to an arrest that is based upon probable cause, where the arrest violates a provision of state law. On April 23rd the United States Supreme Court decided a case in which a person and a vehicle were searched incident to an arrest.  The arrest was for operating on a suspended license.  The case, Commonwealth of Virginia v. Moore,i  involved an arrest for a suspended license followed by searches incident to that arrest. On February 20th, 2003, two detectives in Portsmouth, Virginia heard a radio dispatch concerning a subject, “Chubs” who [...]

An investigative tool which causes a great deal of discomfort for agency employees is the use of covert surveillance equipment.  Investigators should consider the ramifications that may result from the use of covert video cameras before employing them.  These ramifications sometimes go far beyond legal ramifications due to societal thoughts that covert video is one of the most invasive techniques of investigation available.  The legality of covert video surveillance rests largely in the nature of the area under surveillance.  Is the area one where a person would have an expectation of privacy and if so, is that expectation of privacy [...]

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 sticks), causes injury to a suspect.  Fourteenth Amendment liability occurs when there is injury to a third party or where the suspect is injured but the officer(s) did not use force against the suspect.  For example, the suspect crashes on his own or the suspect or officer crashes into an innocent third party.  The second source of vehicle pursuit liability [...]

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 significant impact on the admissibility of victim statements in court proceedings when the victim is unavailable or unwilling to testify.i  In Crawford, the suspect was arrested and tried for the assault and attempted murder of his wife.  The victim refused to testify by asserting the marital privilege.  The prosecution attempted to use statements that she made to officers after her [...]