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A Miranda Procedural Violation Does Not Necessarily Create a Civil Cause of Action for a Violation of the Fifth Amendment

The United States Supreme Court has recently held that a violation of the Miranda procedure does not necessarily create cause of action for a violation of the Fifth Amendment to the United States Constitution. In reaching...more

United States Supreme Court Affirms Officers’ Entitlement to Qualified Immunity

Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an effort to mischaracterize the doctrine as allowing police officers to escape liability for clearly unconstitutional conduct. ...more

Supreme Court Rejects Community Caretaking Doctrine to Authorize Warrantless Search of Home to Seize Firearms

The 21st Century law enforcement officer serves a variety of public service functions, only some of which involve the enforcement of criminal laws. From some of those non-criminal public service roles, the courts have...more

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more

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