search and seizure – Quality Policing

The DOJ is Right (1): Too many illegal stop and searchs (though sometimes just without written articulation)

2016-08-16

Update: The links have changed (oops!) since these were first published. Here are links to all my August 2016 posts on the DOJ report on the BPD. 1 https://qualitypolicing.com/initial-thoughts-on-doj-report-on-2/ 2 https://qualitypolicing.com/the-doj-is-wrong-1-2/ 3 https://qualitypolicing.com/the-dojs-war-on-broken-window-2/ 4 https://qualitypolicing.com/cant-you-take-joke-2/ 5 https://qualitypolicing.com/the-doj-is-wrong-2-n-word-2/ 6 https://qualitypolicing.com/the-doj-is-wrong-3-that-damn-kid-on-2/ 7 https://qualitypolicing.com/the-doj-is-wrong-4-on-diggs-dig-2/ 8 https://qualitypolicing.com/the-doj-is-right-1-2/ 9 https://qualitypolicing.com/the-doj-is-right-2-actual-department-is-2/ 10 https://qualitypolicing.com/the-doj-is-right-3-actual-department-is-2/ 11 https://qualitypolicing.com/the-doj-is-right-4-actual-department-is-2/ Too many officers in Baltimore conduct…
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Use and Abuse of Terry

2016-08-14

There are some excerpts from Cop in the Hood that seem particularly relevant in light of the DOJ’s report on the Baltimore police. This is from pp.30-31.] The 1968 Supreme Court case Terry v. Ohio gives officers the right to frisk a suspect for weapons if they have reasonable suspicion that a suspect might be…
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The DOJ is wrong (4): On Diggs and Trespassing (dig?)

2016-08-12

Update: The links have changed (oops!) since these were first published. Here are links to all my August 2016 posts on the DOJ report on the BPD. 1 https://qualitypolicing.com/initial-thoughts-on-doj-report-on-2/ 2 https://qualitypolicing.com/the-doj-is-wrong-1-2/ 3 https://qualitypolicing.com/the-dojs-war-on-broken-window-2/ 4 https://qualitypolicing.com/cant-you-take-joke-2/ 5 https://qualitypolicing.com/the-doj-is-wrong-2-n-word-2/ 6 https://qualitypolicing.com/the-doj-is-wrong-3-that-damn-kid-on-2/ 7 https://qualitypolicing.com/the-doj-is-wrong-4-on-diggs-dig-2/ 8 https://qualitypolicing.com/the-doj-is-right-1-2/ 9 https://qualitypolicing.com/the-doj-is-right-2-actual-department-is-2/ 10 https://qualitypolicing.com/the-doj-is-right-3-actual-department-is-2/ 11 https://qualitypolicing.com/the-doj-is-right-4-actual-department-is-2/ [75 percent of this post was…
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How do you define “reasonable suspicion” and “probable cause”?

2016-08-12

It’s not easy. Trust me. And I was cop, have a PhD, and teach criminal justice. United States v. Humphries, (4th Cir. 2004): The Supreme Court has repeatedly admonished that the standard for probable cause is not “finely tuned” or capable of “precise definition or quantification into percentages.” Well that’s not helpful. But yeah, it’s…
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Utah v. Strieff: The not so poisonous tree

2016-06-21

The branches of the poisonous tree got pruned a bit. The Supreme Court says that if a cop makes a kinda illegal stop — “mistaken” is the word the Court uses — and then arrests the person after a warrant check, and then finds drugs in a post-arrest search, the drugs are admissible in court.…
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Terry v. Ohio

2015-10-31

For such a Landmark Case, I was curious how Terry v Ohio (1968) was reported at the time. I was thinking it would have been hard to see its potential implications at the time (though William Douglas did so in his dissent). Indeed, on June 11, 1968 the New York Times said: Held, 8 to…
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What about “fruit of the poisened tree”?

2014-12-17

From NPR: The U.S. Supreme Court on Monday ruled that police officers don’t necessarily violate a person’s constitutional rights when they stop a car based on a mistaken understanding of the law. The court said the officer made a “reasonable mistake.” Hence it’s not an unreasonable search and seizure. The case involved drugs found after…
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Terry v. Ohio. Happy 50th Anniverary, Detective McFadden!

2013-10-31

Fifty years ago today on the streets of downtown Cleveland, Detective Martin McFadden, plain-clothed and without a walkie-talkie (two-way radios didn’t become standard for another decade) stopped and arrested John Terry and two other guys after observing them casing a storefront for United Airlines. This arrest lead to the landmark 1968 Supreme Court Case of…
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Warrant? We don’t need no stinkin’ warrant!

2011-05-17

The cops smell weed and bust down a door. The Supreme Court, in Kentucky v. King, say no big deal. It’s a dumb decision, but it’s not such a big deal. This decision simply reaffirms the status-quo. As best, the Court’s decision can be described as yet another nail in the coffin of the 4th…
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Here’s the to 4th Amendment

2009-08-27

“One of the reasons we fought a bloody war against Britain was we didn’t like these soldiers stopping people on the street willy-nilly….We went to armed revolution against the strongest nation in the world in order to have these protections against unreasonable searches and seizures. They’re not technicalities. They’re real. … Indeed, the ability to…
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Tag: search and seizure