An officer asking to check a driver’s license at a DUI checkpoint is lawful
DUI checkpoints, so long as properly conducted, are constitutional. Requiring the driver of a car stopped at a DUI checkpoint to display his driver’s license is also constitutional. Using a minimal amount of physical force to arrest a driver with probable cause to believe he is driving without a valid driver’s license...
The Use of Social Media and a Public Employee’s Freedom of Speech
The use of social media by a public employee to denigrate minority religious groups may potentially subject the employee to internal discipline by his employer.
Search Warrants and Probable Cause
To be valid, a search warrant must reflect merely a “fair probability” that the items sought will be found in that location described.
Coerced Confessions and Offers of Leniency
Interrogating police officers have no authority to offer criminal suspects leniency in exchange for a confession.
Prolonged pretextual traffic stops are a violation of the Fourth Amendment.
Using a minor traffic offense as a pretext for making a traffic stop so that a more serious criminal offense can be investigated is lawful. However, absent developing at least a reasonable suspicion to believe that a more serious offense is being committed, a traffic stop cannot be prolonged past the amount of time it...
Miranda as a Prophylactic Rule and the Fifth Amendment:
A Miranda violation, not being the equivalent of a violation of the Fifth Amendment, does not provide a defendant with the basis for a 42 U.S.C. § 1983 lawsuit.
A threat of force or violence directed against a third person doesn't include suspect's threat to...
A nuance in the law, doesn’t come up that often, but makes a clear distinction in arrest and charging. DCA rules that a threat of force or violence against a third person doesn't include suspect's threat to kill himself.
Suing federal officers under authority of Bivens v. Six Unknown Fed. Narcotics Agents.
Bivens-based civil suits are not to be extended beyond what has already been decided absent meeting some very stringent-provided case law requirements.
Criminal History and Warrant Checks as a part of the “Mission” of a Traffic Stop.
Running a criminal history and warrant check during a lawful traffic stop, as a part of the “mission” of the traffic stop detention, do not unlawfully prolong the duration of the traffic stop.
The First Amendment Freedom of Expression and Retaliatory Arrest
Arresting a person for exercising their First Amendment freedom of speech is illegal.