On the night of April 19, 2002, Maria Trevizo, a police officer assigned to the state gang task force, was on patrol with two other officers in a neighborhood known for gang-related activity near Tucson, Arizona. See Arizona v. Johnson, 170 P.3d 667,...
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In June and July 2013, Albemarle County police officers twice recorded a distinctive black and orange motorcycle eluding police pursuit by traveling significantly over the speed limit. Collins v. Commonwealth, 790 S.E.2d 611, 612–13 (Va. 2016). The...
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Overview
Under the common law knock-and-announce rule, a police officer executing a search warrant generally must not immediately force his or her way into a residence. Instead, the officer must first knock, identify himself or herself and his or her...
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Overview:
Qualified immunity is a type of legal immunity. “Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from...
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Overview
Reasonable suspicion is a standard used in criminal procedure. Reasonable suspicion is used in determining the legality of a police officer's decision to perform a search.
When an officer stops someone to search the person, courts...
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Facts
On August 2, 2009 around 2:30 p.m., David Riley, an alleged member of the Lincoln Park gang, was parked in a San Diego neighborhood with his girlfriend and three other men. See People v. Riley, No. D059840, 2013 BL 34220, 2013 ILRC 1385 (Cal. App...
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In 1996, the California Legislature enacted Penal Code section 3067, mandating that every prisoner eligible for release on state parole “shall agree in writing to be subject to search or seizure by a parole officer or other peace officer at any time of...
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A stop-and-frisk refers to a brief non-intrusive police stop of a suspect. The Fourth Amendment requires that before stopping the suspect, the police must have a reasonable suspicion that a crime has been, is being, or is about to be committed by the...