ADVANCED SEARCH AND SEIZURE LAW
This full day 8-hour course is designed for experienced law enforcement officers who already possess a background knowledge and functional experience in search and seizure law. The instruction is advanced and fast-paced and uses case studies to explain the development and the current status of the legal aspects of searches and seizures.
- The legal developments in the two types of searches since the Supreme Court decision in United States v. Jones.
- The legal developments in the increased protection being afforded to curtilage.
- The complex legal aspects of making traffic stops to conduct drug distribution investigations.
- The legal developments in searches incident to arrest.
- Mastering the concept of consent searches, including apparent authority.
- Conducting searches and seizures of digital storage devices.
- Developments in obtaining cell site location information and pinging cellphone location.
- Applying the concept of the “Fourth Amendment Dominoes”
SEARCH AND SEIZURE REFRESHER
This half-day (4 hour) course is designed to provide both a refresher and an update in search and seizure law for law enforcement officers. Whether you are a 20-year veteran or a 2-year officer, this course provides critical Fourth Amendment training in an area of the law that is rapidly evolving and constantly changing.
This course uses very recent cases from the Supreme Court of the United States and the various United States Circuit Court of Appeals to provide refresher training on key Fourth Amendment concepts as well update law enforcement officers on the developments in the specific areas covered.
In many cases, the testimony of the law enforcement officer is absolutely crucial to obtain a conviction. Law enforcement officers need to know how to be fully prepared to not only answer the direct questions asked by the prosecutor, but also answer the cross-examination questions by the defense attorney and know how to respond to impeachment attempts. This 3-hour course is designed to help law enforcement officers effectively prepare and deliver effective courtroom testimony.
ADVANCED REPORT WRITING
The goal of Advanced Report Writing is to teach experienced police officers solid fundamentals that will help them write defensible police reports. Additionally, officers need the skills to write a report that will allow prosecutors to charge defendants without asking for follow-up information.
A solid report will also allow other officers in the department to pick up the investigation where the report writer left off. This is especially important for complex investigations that are handed over to detectives by patrol officers.
The purpose of this one-day course is to teach officers effective techniques that will help them recall the incident years later, particularly important for court testimony purposes.
THE LEGAL ASPECTS OF TRAFFIC STOPS
Every year millions of dollars and tons of illegal drugs are seized while in transit. State and local law enforcement agencies are at the “tip of the spear” when it comes to drug transportation interdiction on the public roads in the United States. This 6-hour advanced course covers the search and seizure law issues that are commonly presented in conducting criminal investigations of automobiles on public roads and highways.
- The legal basis for the initial stop
- Permissible inquiry during the stop
- Extending a stop into an investigative detention
- Use of a K9 to establish probable cause
- Warrantless searches of automobiles
- Warrantless seizures of evidence and contraband
THE LEGAL ASPECTS OF DWELLING ENCOUNTERS
Since the fundamental definition of a Fourth Amendment search was drastically modified in the Supreme Court decision in United States v Jones in January 2012, there have been numerous follow-on decisions that have significantly changed the legal requirements for conducting criminal investigations on or near residential property. This advanced one-day course covers all of these decisions and explains the legal issues presented by these decisions.
- The added Fourth Amendment significance to curtilage after United States v Jones
- The impact of Florida v Jardines and other cases on the use of K9s to detect the presence of evidence on residential property
- The extension of Kyllo v United States to the use of K9s on residential property
- The legal requirements and limitations for “knock and talk” encounters
LEGAL ASPECTS OF INTERVIEWS AND INTERROGATIONS
In this advanced 6-hour course, recent cases are used to provide both a refresher and an update on the legal aspects of interviews and interrogations.
- The purpose of the Miranda warnings
- Explaining when the requirement to provide Miranda warnings is triggered
- The legal requirements imposed when one or both rights are invoked
- The legal requirements for a valid Miranda waiver
- The legal requirements for valid invocation of a Miranda right
- The interaction between the Fifth Amendment right to counsel and the Sixth Amendment right to counsel
LEGAL ASPECTS OF ELECTRONIC SURVEILLANCE
This 4-hour course covers the legal aspects of various types of electronic surveillance.
- Intercepting Communications
- Intercepting Communication Addressing and Identification Information
- Accessing Stored Communications
- Tracking People and Objects
- Conducting Video Surveillance
ADVANCED USE OF FORCE LAW
An advanced course using case studies to explain the history and development of the legal aspects of the use of force including current trends. This course is designed for experienced law enforcement officers who already possess a significant background knowledge on the legal aspects of the use of force.
- The historical development of the law regarding use of force by law enforcement officers
- The significance of Graham v Connor in civil liability cases under 42 U.S.C. 1983
- Case studies providing examples permissible v impermissible use of non-lethal force
- Case studies regarding the legal aspects of the use of “intermediate force”
- Case studies demonstrating the development of the legal aspects of deadly force
- The emerging trends regarding the “reasonable officer” standard
- The role of use of force policy
EMERGING TRENDS IN SEARCH AND SEIZURE LAW
Constitutional Law is a constantly evolving area of the law and Fourth Amendment law is no exception. Typically, the law lags technology. This means that new devices are used and then courts must determine the relationship, if any, between the use of these devices and the Fourth Amendment. Technological advancements in the 21st century, combined with the more recent shifting judicial definitions of what constitutes a “search” under the Fourth Amendment, have left a great deal of uncertainty as to not only the current state of search and seizure law, but also the direction in which this jurisprudence is trending. The purpose of this advanced 8-hour course is to explain the changes that have taken place and provide insight as to the direction these changes are trending as it relates to law enforcement actions and activities.
- Fourth Amendment – Historical Perspective
- Purpose of Fourth Amendment
- Early Development of Fourth Amendment Jurisprudence
- Katz v. United States - The Swinging Pendulum of Judicial Philosophy in the Civil Rights Era
- United States v. Jones - The Pendulum Returns
- The Invention of Surveillance "Gizmos"
- The Courts Respond to the Use of Surveillance "Gizmos"
- The Advent of the Virtual World
- Digital Storage Devices
- Digital Searches and Seizures
- The Intersection of Technology and the Fourth Amendment
- Mosaic Theory and the Invisible String
- Other Trending Issues
- Impact on Law Enforcement