What’s the Standard for Knowing if a Suspect is Subject to a Fourth Amendment Waiver Search?
A law enforcement officer need only have probable cause to believe a person is on active parole before that person may be searched pursuant to a parole search condition. But be careful – arbitrary, capricious or harassing parole searches are…
Can you coerce a subject into allowing you to search his vehicle? When is consent voluntary – or not?
A person’s consent to allow officers to search his or her vehicle is not voluntary when the consent is the product of coercion. Threatening to tow the vehicle, where it would be illegal to do so, constitutes coercion.
Is Psychological Restraint Equal to Physical Force in Sex Assault Cases? A New Case Defines the Terms
In this Case Alert, we discuss a ruling in a sexual assault case in which the defendant abused multiple massage patients. While he claimed he didn’t use sufficient force to support the charges, the court ruled that psychological restraint does…
Automobile Exception to Search Warrant Rules: In a Warrantless Search, Probable Cause Still Required 
Scenario: Gang member appears to stash gun under the seat of the defendant’s car. Traffic stop search finds no gun in passenger compartment. A search of the trunk yields a gun. Will your search hold up in court?
All About Pretext Stops, Unduly Long Detentions and Weapons Pat Downs: What’s Legal, from a New Ruling
A new appeals court ruling delves into the details of a pretext traffic stop that involved tinted windows, three gang members, pat downs and the discovery of illegal concealed weapons. Did the stop pass the sniff test?