Note: Link to "Vehicle Stops" lesson plan at the bottom of this article. All motor vehicle stops must be supported by some level of proof. In other words, officers are not allowed to randomly stop vehicles. i  It is generally not possible to make the stop of a moving vehicle a consensual since an officer must show authority (turn on the emergency light and/or siren) and the motorist must comply (by pulling over) before the stop is accomplished. Anytime you have a law enforcement show of authority and compliance by the citizen, a seizure has occurred and thus, the officer must have, [...]

Question Presented: During a drug arrest, may the suspect’s phone be searched incident to his or her arrest and may that phone be searched back at the station? Over the last ten to fifteen years, cellular telephones, pagers and other digital devices have become common items that are carried by just about everyone. Almost everyone has a cellular telephone. The purpose of this article is to examine how the courts have viewed cellular telephones and other digital devices in terms of an incident to arrest search. In other words, may law enforcement look at information stored on the phone, which [...]

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 encounters do not require reasonable suspicion or probable cause as long as a reasonable person would feel free to leave or decline to speak with the police. i   The second type of encounter is the investigatory detention which is commonly known as a Terry stop. Investigatory detentions enable the police to briefly detain a person for further investigation where the officer has [...]

Includes Sample Policy at bottom of article. Those of us in the public safety profession, whether it’s law enforcement or fire, have to accept the fact that members of our profession are abusing their power and oaths of office when they engage in acts of sexual impropriety. The courts appear to be reluctant to hold supervisors and agencies accountable for these acts of misconduct and official abuse of power. And, unfortunately, many police and fire supervisors aren’t stepping forward and doing the right thing either. You have probably heard others say it’s just boys being boys. Or, maybe, it was [...]

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 and intrusions on privacy be “reasonable,” the United States Supreme Court has permitted exceptions in the context of searches of probationer’s residences due to a limited expectation of privacy possessed by those on probation. i For example, in United States v. Knights, the United States Supreme Court held that, to conduct a non-consensual search of a probationer’s home for ordinary law enforcement [...]

I.    Purpose: The purpose of this order is to adopt safety directives and guidelines for dealing with the carrying of firearms while in an off-duty status for dealing with an officer’s duty and responsibility to take action in response to criminal activity while in an off-duty status. II.   Policy: The following changes to this department’s policy of carrying firearms while “off-duty” are:  A member may carry a firearm while off-duty in accordance with state and federal law. It shall not be necessary that a member, who chooses to carry a firearm off-duty, carry his service weapon, however, any weapon that an officer chooses [...]