US Supreme Court Limits Vehicle Searches
April 22, 2009
I have waxed on poetic before about how my passion for law enforcement, and the law of law enforcement is attributed in large part to its’ perpetual motion. Police Practices and jurisprudence are most certainly changing all the time. I must say, however, that some changes are more significant than others. Once in a while, a case comes down that alters a basic, every-shift, Joe-cop procedure. Today we are in receipt of one such case.
I present you this link to the AP story. Simply put, officers can no longer search a vehicle simply because the driver has been arrested. Take it from me, this is a fundamental paradigm shift in street police work. Now, the officer must be able to articulate that the crime involved may indicate there is evidence in the car (think drug possession) or that the suspect can still access potential weapons in the vehicle (almost impossible to imagine, since the in-custody suspect is generally secured away from their vehicle).
Yet another case that proves why this is such an interesting and dynamic area of the law!
Round And Round It Goes, Will The DA File? Nobody Knows…
April 9, 2009
I recently consulted on a case involving a crime committed by an employee. The client was concerned about the employer seeking prosecution of the (now former) member of the staff. After explaining the back room process that precedes virtually all filing decisions, both the client and I were left a bit frustrated.
Simply put, I had to advise them that they had a solid case, and the employee was deserving of a filing. I also had to expand on the fact that I have seen cases not filed for all sorts of reasons one might not believe:
- Bad day
- Long day
- DA doesn’t get along with the detective
- Detective doesn’t get along with the DA
- Docket issues
- My all-time favorite, “Something doesn’t feel right.”
In the end we were able to collaborate and help bring out the important cosmetic features to the crime, and de-emphasize some of the blemishes. I am confident a filing is forthcoming. Yet another room in the criminal justice hallway that holds as many mysteries and nuances as it does rules and regulations.