Law Enforcement Bulletin 

Chemical suicide is a growing and alarming trend in the United States, and it poses a risk for more than just the intended victim. Law enforcement officers acting as first responders also are in jeopardy, making it vital for them to know the warning signs in order to protect themselves and their communities.

On April 2, 2012, the U.S. Supreme Court held that a jail strip search of any arrestee does not violate the Fourth Amendment even if there is no reasonable suspicion for it. Although this decision sets a new federal limit on lawsuits, Ohio has a separate law that forbids strip searches of any arrestee unless jail officials have probable cause and pre-authorization to conduct the search. For more information on the Ohio law, consult Ohio Revised Code Section 2933.32. 

The U.S. Supreme Court is taking another look at law enforcement’s use of dog sniffs later this year. 

 

In Florida v. Harris, the court will decide whether an alert by a trained and certified drug dog is enough to find probable cause to search a vehicle. A Florida police officer pulled over a truck for having expired license tags. The officer noticed the driver was nervous and saw an open beer can in one of the truck’s cup holders. The driver refused to consent to a search of the truck, so the officer had his drug detection dog walk around the outside of the vehicle. The dog alerted to the driver’s side door. The officer then searched the vehicle and discovered pseudoephedrine pills, matches, and muriatic acid, all used to make methamphetamine.   

Question: If a court finds your search warrant overbroad, are you open to civil liability?

 

Quick answer: Probably not. If you acted with a reasonable belief of probable cause, you should be entitled to qualified immunity.

Question: Is approaching a suspect on the street considered a Fourth Amendment “seizure” that requires reasonable suspicion? 

Quick answer: Not exactly. A “seizure” does not happen until the suspect voluntarily stops or is physically restrained.

Question: While executing a search warrant, can you seize items that are not specifically mentioned in the warrant?

 

Quick answer: Yes. As long as the items are reasonably related to the crime you are investigating, you can seize the unmentioned items.

Question: Does a law enforcement interview held in a suspect’s home automatically mean the person cannot be “in police custody” under the Fifth Amendment?

 

Quick answer: No, if the facts and circumstances show that the person would not have felt free to end the interview, he can be considered to be “in police custody.” 

Question: Can a peace officer perform a search without any suspicion of criminal wrongdoing?

 

Quick answer: Yes, but only under the community-caretaking/emergency-aid exception to the warrant requirement.

Question: Will a witness’ show-up identification be suppressed if a court finds that law enforcement’s procedures for the identification were suggestive?

 

Quick answer: Maybe not. If, based on the totality of the circumstances, the identification was otherwise reliable, a court might not suppress the identification as unduly suggestive.

Question: Does the plain view warrant exception allow peace officers warrantless entry into a home?

 

Quick answer: No. Unlike the other warrant exceptions, the plain view doctrine will not justify your warrantless entry into a home.

Question: If a peace officer develops reasonable suspicion of criminal activity during a routine traffic stop, could the length of the detention violate the Fourth Amendment?

 

Quick answer: Yes. If you are not diligently investigating either the traffic stop or your suspicion of criminal activity, a court might throw out the incriminating evidence found during a prolonged stop.

Question: If a peace officer forgets to write down every fact from a traffic stop, should the evidence collected from the stop be suppressed?

 

Quick answer:It depends. Even with some details left out of your report, your statement may still be found credible and provide probable cause for the suspect’s arrest.