LATEST ARTICLES
There are no shortcuts to Constitutional Policing …
In the Sixth Circuit Appellate Court … for an Item to be Admissible Under the Plain View Doctrine, it Must be ‘Immediately Apparent’ to the Officers at Scene and ‘Sluggishly Apparent’ to the Judge while Watching Body Camera Video in His Office
The objects purportedly seen by Det. Kopchak were not immediately and apparently incriminating.Accordingly, the officers lacked probable cause to search the vehicle. United States v [...]
When Does an Officer Have a Legal Duty to Intervene and Stop Another Officer from Using Excessive Force?
(1) The officer observed or had reason to know that excessive force would be or was being used, and (2) The officer had both the opportunity and the means to prevent the harm from occ [...]
Can a Suspect be Successfully Charged and Prosecuted for WUD for Possessing a Firearm while under Indictment?
The state now bears the burden of proof and is required to “justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. [...]
Can Mario be Convicted of Tampering With Evidence for Passing Narcotics to a Co-Conspirator While Inside a Cruiser?
[W]e find a jury could properly infer that, at the time he passed the drugs to Ms. Atkins, Mr. Allen knew an official proceeding or investigation was likely to be instituted regarding [...]
Can a Driver’s Non-Compliant Behaviors Add Time to a Traffic Stop Without the Stop Being ‘Unreasonably Delayed’ to Await a Canine?
Nothing in the record suggests that the detention of Mr. Crane “was of sufficient length to make it constitutionally dubious.” State v. Crane 2023 – Ohio – 188 Fifth District Appell [...]
Can Nervousness be a Factor to Delay a Traffic Stop to Await a Canine?
… And Why Law Enforcement Should Never Use the word ‘Furtive’ Mr. Glow was acting excessively nervous and contradicting his own story. Mr. Wilson made furtive movements as if to conce [...]