Warrantless Stops 101 — Was the Stop Supported by Reasonable Suspicion?
In my first Warrantless Stops 101 post, I offered these basic questions to frame the analysis: Did a seizure occur? If so and it was a stop, was it supported […]
September 29, 2011
Empty Your Pockets
Can a police officer order a suspect to empty his or her pockets during a Terry stop? The New York Times reports on claims that New York officers do so […]
October 5, 2010
The Confidential Spousal Communication Privilege
It is hornbook law that “[a] confidential communication between husband and wife is privileged and neither spouse may be compelled to disclose it when testifying as a witness.” 1 Kenneth […]
July 14, 2010
Are Terry Stops “Custodial” for Miranda Purposes?
I used to answer this question “no.” But even though the United States Supreme Court recently said exactly that, see Maryland v. Shatzer, __ U.S. __, 130 S. Ct. 1213 […]
March 16, 2010
You Can Run, But You Can’t Hide
I did a little research yesterday morning about running from the police. It started when, in connection with a presentation for which I was preparing, I reviewed State v. Mewborn, […]
December 22, 2009
Terry Frisk During a Consensual Encounter?
Note about holiday blogging schedule: Because I am certain that all of you are planning your holidays around this blog, I thought I’d mention that I’ll continue to post daily […]
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