Law Enforcement Bulletin 

Question: Can a peace officer search a suspect without probable cause when another officer present has probable cause to do so?
 
Quick Answer: No, unless the officer with probable cause ordered the search or communicated his knowledge to the searching officer.

Question: If a suspect waives his Miranda rights during an interrogation, can law enforcement use his incriminating statements against him up to the point that he requests an attorney?
 
Quick Answer: Yes, unless the suspect demonstrates that he never understood his rights in the first place.

Question: Can a peace officer make a traffic stop if the officer hears the suspect revving his car engine at a stop light and then believes the car is speeding based on a visual estimation?
 
Quick Answer: No, these are not specific, articulable facts that criminal activity is afoot.

Questions: (1) May a peace officer search a car incident to arrest even though the recent occupants of the car are handcuffed and sitting in the back of the officer’s vehicle? (2) May the officer search the trunk of the car without a warrant even though the officer could secure the car and go get a warrant?
 
Quick Answers: (1) Yes, but only if the officer has reason to believe that the car contains evidence relevant to the arrested occupants’ crimes. (2) Yes, if the officer has probable cause to believe that the trunk contains evidence of a crime, the automobile exception permits a warrantless search.

Question: Can peace officers collect a suspect’s DNA after he has requested an attorney during questioning at the officers’ station?
 
Quick Answer: Yes, but only if the suspect voluntarily consents to providing the sample.

Because of the inherent danger and quick decisions law enforcement officers face every day, civil liability is a real concern for officers and their agencies.