Author: Zach Miller

Protective Searches: We Must Follow the Rules

A weapons frisk is a “search” within the Fourth Amendment definition. A frisk is one example of a reasonable protective search authorized by the Supreme Court. But since frisking a person intrudes upon that person’s liberty and privacy interests, there are constitutional limits to a police officer’s authority to conduct a non-consensual frisk. Simply alleging a blanket concern for “officer safety” will not satisfy the Fourth Amendment’s reasonableness requirement.

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A VERY Brief Summary of the Recent SCOTUS Second Amendment Case

In New York State Rifle & Pistol Association v. Bruen, decided late last week, the Supreme Court held that the Second Amendment protects an individual’s right to carry a handgun outside the home for self-defense. Prior to Bruen, it wasn’t certain that the Second Amendment did protect such a right. As with most rights protected by the federal constitution, the right to keep and bear arms is not absolute. The government can, and does, enact reasonable legislation that limits the right.

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Vega v. Tekoh: Not the end of Miranda 

No, the Supreme Court Did Not Get Rid of Miranda.

The Supreme Court’s recent decision in Vega v. Tekoh has been widely and erroneously reported as the end of the Miranda protections for in-custody suspects. To actually read Tekoh and then report on the demise of Miranda is childlike and dishonest.

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