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Miranda (Custodial Interrogation): Ohio v. Jones

Question: Do you need to give Miranda if a person voluntarily speaks to you and you inform him he is free to leave and not under arrest?
 
Quick Answer: No, unless the circumstances change and the conversation becomes a custodial interrogation.

6/18/2014

Searches and Seizures of Vehicles (Abandoned Property): State of Ohio v. Warner

Question: Can you search a trunk of an “abandoned” vehicle without a warrant?
 
Quick Answer: Yes, if an individual intended to abandon the vehicle, through words or actions, he loses his right to privacy, and search without a warrant is proper.

6/18/2014

Warrantless Search (Consent from Co-Occupants): Fernandez v. California

The U.S. Supreme Court recently issued an important ruling in favor of law enforcement that expands the authority of officers to get consent to search premises after a lawful arrest. Fernandez changes the landscape of consensual searches in situations in which one co-tenant, who is present on the property, agrees and the other, who is not present, objects to the search.

6/18/2014

Legal Review: Consensual Encounters to Terry Stops

Stops are one of the most dangerous parts of your job as a law enforcement officer. Whether you’re on foot or in your cruiser, stopping a stranger is an encounter with the unknown. It is the conflict point between law enforcement and the individual, and it’s also where everything can go right or everything can go wrong.

6/18/2014