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April 2019 Archives

A Police Ruse Does Not Replace Notice For The Knock And Wait Rule

Police may try different tactics to gain entry into a home to execute an arrest warrant or a search warrant. Despite having several mechanisms available, entry into a home or building must follow appropriate procedures. The fact that police may make different choices in different cases, they are not given carte blanche to enter a home – they must follow the appropriate rules under the circumstances.

Can A Concerted Effort To ‘Sniff’ For Probable Cause Go Too Far?

To support probable cause, police often seek to rely on evidence, or suspicions of potential criminal activity, based upon police observations made while members of law enforcement are legally in a place where the observations are made. However, the reasonableness of the specific actions of police may be called into question, or challenged in many circumstances.

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