Fresh Pursuit

By |June 28th, 2017|

Fresh Pursuit
By:  Dee Wampler
Police may make an arrest outside their territory if invited by the sheriff of an adjoining county.  Officers in “fresh pursuit” may make an arrest outside the jurisdiction as long the pursuit begins inside his jurisdiction.
An officer who follows another vehicle without activation of siren or emergency lights would not be in fresh […]

Lawsuits Against Police

By |June 14th, 2017|

Lawsuits Against Police
By Dee Wampler
In a landmark U.S. Supreme Court case Graham vs. Connor the US Supreme Court considered a civil rights lawsuit under 42 USC Sec. 1983 (a 1983 lawsuit) where plaintiffs claimed that a police officer used excessive force in making a stop in violation of their secured to him under the Fourteenth Amendment.  […]

Open Fields v. Curtilage

By |May 31st, 2017|

Open Fields v. Curtilage
By:  Dee Wampler
A recent court case concerned a police officer conducting a “knock and talk” at the front door or a backwoods trailer home.  He did not invade the owner’s reasonable expectation of privacy when he walked around the back porch area and saw evidence of a meth lab on the back […]

Cursing and Recording Police Officers

By |May 17th, 2017|

Cursing and Recording Police Officers
By: Dee Wampler
State and Federal law strongly support freedom of speech but officers may not use force to stifle unwelcome criticism.
Recording police activity and engaging in public protests is fundamentally a “democratic enterprise” because it provides a check on those “who are granted substantial discretion that may be misused to deprive […]

Watch What You Post On Facebook

By |May 10th, 2017|

Watch What You Post On Facebook
By Dee Wampler
Brian Dutcher stated on Facebook that he was going to kill former President Barack Obama and was convicted of making a credible threat even though he only had sling-shot in his van. He had repeated his plan to law enforcement ahead of a presidential visit. 

Dutcher had told on […]

The Automobile Exception

By |May 3rd, 2017|

The Automobile Exception
By: Dee Wampler
The mobility of automobiles creates circumstances of an emergency or “exigency” that, as a necessity, rigorous enforcement of the warrant requirement is impossible since the expectation of privacy with respect to one’s automobile is significantly less than that relating to one’s home or office.
Police may search on probable cause if it […]

Cyber Harassment and Internet Defamation

By |April 26th, 2017|

Cyber Harassment and Internet Defamation
By: Dee Wampler
Missouri law prohibits knowingly communicating a threat to another person if it frightens, intimidates, or causes emotional distress. You cannot use course language, offensive to one’s “average sensibility” that puts another person in reasonable apprehension of offensive physical conduct, contact, or harm.
Court decisions are sorting out just how far […]

Profiling in Our Airports

By |April 17th, 2017|

Profiling in Our Airports
By: Dee Wampler
When Andrew Sokolow approached a United Airlines counter he aroused immediate suspicion. He acted nervous, plunked $2100 from a bulging wad of bills to buy roundtrip tickets, he did not check his luggage but chose to carry it on board. He used an assumed name and stayed in Miami only […]

Stalking: Too Close For Comfort

By |April 10th, 2017|

Stalking: Too Close For Comfort
By: Dee Wampler
A person commits the crime of stalking if they, through their course of conduct, harass or follow another person with the intent of harassing that person. It is unlawful to make credible threats, especially if there is a course of conduct. Especially forbidden would be a person 21 years […]

The Privacy of Cell Phones

By |April 5th, 2017|

The Privacy of Cell Phones

By:  Dee Wampler
Police are not permitted to search through the digital data of your mobile phone just because you may be on probation.  The government may have the right to search your “property” at any time as a condition of your probation.

A probationer’s acceptance of a “search waivers” in a probation agreement doesn’t […]