Essential State Case Law for All Cops

While the federal constitution establishes the minimum protection afforded all citizens against government intrusions upon liberty and privacy interests, states are free to provide greater protections to their citizens, whether by statute or the state constitution. Many states do, in fact, provide such enhanced protections.

Part of any constitutional policing program is knowing and understanding how both the federal constitution and state law apply to police procedures. Constitutional and statutory violations can cause loss of public trust, criminal evidence suppression, massive civil liability, administrative sanctions, and even criminal prosecution of law enforcement officers. This program demonstrates how knowledge of the law can be a powerful tool for achieving investigative goals and it can empower officers to attain higher ethical standards, consistent with their oaths of office, without sacrificing overall law enforcement effectiveness.

This program is designed for law enforcement officers of all levels of experience and rank, from the recent academy graduate to the executive staff. It examines certain aspects of what some lawyers would call “pre-arraignment criminal procedure,” the law of criminal investigation and, in particular, what law enforcement officers can and cannot do under state and federal law. Where there is state law deviation from the federal standard, such deviation will be highlighted and emphasized so that officers understand where there are additional restrictions on their authority beyond the federal constitution.