Editor's note: The information in this article is presented for general discussion and is not legal advice. Many of the laws have changed since this article was written. You should not rely on this information. You should consult with your department's legal team for guidance. On October 20, 2014, the case of United States v. Reid was decided by the 8th United States Circuit … [Read more...]
U.S. v. Molsbarger – Hotels & 4th Amendment
AUTHOR'S NOTE: This case is from the U.S. 8th Circuit Court of Appeals and therefore establishes strong precedence, even with other Circuits. However, the staff at BlueSheepDog are not legal advisors, and strongly recommend that readers refer to their State Statutes and confer with local Prosecutors before taking action in regards to this decision. … [Read more...]
Exigent Entry & Plain View – U.S. vs. Andino
The United States Second Circuit Court of Appeals decided the case of United States v. Andino on September 16, 2014. The case centered around the warrantless entry by law enforcement into a home based upon the belief by officers that exigent circumstances existed - the destruction of evidence. The subsequent seizure of evidence in plain view once inside the … [Read more...]
The Open Carry Dilemma – Part II
AUTHOR'S NOTE: This is part 2 of a 2-part series on the increasingly difficult phenomenon of open carry by law-abiding citizens. In Part I the laws and actions of lawful gun owners in general opened the discussion into a hotly debated arena of gun ownership today. Part II will look at the legal responsibilities of law enforcement, and provide suggestions to law … [Read more...]
Anonymous Callers and Police Action: Navarette v. California
UNDERSTANDING THE LIMITATIONS OF ANONYMOUS CALLERS A REVIEW OF NAVARETTE v. CALIFORNIA AUTHOR'S NOTE: This article reviews the U.S. Supreme Court case of Navarette v. California. The information is meant to educate the reader on the latest U.S. Supreme Court rulings on important law enforcement functions. However, like all of our articles, the … [Read more...]
The Open Carry Dilemma – Part I
AUTHOR'S NOTE: This is Part I of a 2-part series on the complicated issue of open carry of firearms. In Part I the laws and actions of lawful gun owners in general will open the discussion into a hotly debated arena of gun ownership today. Part II will look at the legal responsibilities of law enforcement, and provide suggestions to law enforcement's … [Read more...]
Protective Sweeps of Residences: US v. White
[Ed.note: This article reviews a court case (US v. White) that is related to protective sweeps. The case is not yet decided, and would not be binding on all jurisdictions. However, it is a case that would likely be persuasive in other courts. Regardless, the events in the case are likely to happen in all jurisdictions, and by examining the case now, we … [Read more...]
DNA Identification of Arrestees
Nothing in this article is legal advice. Laws change constantly and the information here may be out of date and incorrect when you read this. Always consult your department's legal team before taking any actions. Recently in Maryland v. King (U.S. 6-32013), the United States Supreme Court said, “Yes!” According to the Court, the DNA identification of an arrestee “is a … [Read more...]
Ryburn v. Huff: Threat of Violence and Warrantless Entry into a Home
The following is not legal advice. It was written some time ago and laws may have changed. Reach out to your department's legal team for accurate and up to date information. In Ryburn v. Huff, 132 S.Ct. 987 (2012), the Court held that, based on the existing state of the law, a reasonable police officer may conclude that the Fourth Amendment permits an officer “to enter a … [Read more...]
Appeals Court Rejects Qualified Immunity in K9 Dog Bite Case
The U. S. Court of Appeals for the 11th Circuit considered an appeal in the Florida case of Edwards vs. Shanley and Lovette (11-11512) that involves the question of whether officers are granted qualified immunity when a Police K9 bites a suspect for five to seven minutes during an arrest. In this incident, Orlando Police Ofc. Justin Lovette initiated a traffic stop on a … [Read more...]