Please note: ESPOS Test Prep provides "LEGAL UPDATES" as a resource to assist candidates and law enforcement personnel. However, no changes to existing policies, procedures, rules and regulations are recommended without the direct guidance of and consultation with your respective agency’s legal advisor. We only provide updates to keep you informed.
US Supreme Court Rules in Favor of Police in D.C. House Party Case
January 29, 2018 - Recently, in District of Columbia v. Wesby , 583 U.S. ___ (2018), the United States Supreme Court rejected a claim made by sixteen trespassing partygoers that the police lacked probable cause to arrest them. The circumstances unfolded at about 1:00 a.m. in the middle of March, when District of Columbia police officers responded to a complaint about loud music and illegal activities at a house described as “vacant” by the caller, a former neighborhood commissioner. Upon arrival, several neighbors confirmed that the house should have been empty. Click here to read more.
NJ Supreme Court Clarifies the Malfunctioning Taillight Issue
January 31, 2018 - In State v. Sutherland (NJ 2018), the New Jersey Supreme Court held that Title 39 requires a motor vehicle to have two working rear lamps, with at least one working lamp on each side. The trial court found the stop unlawful, but the Appellate Division reversed, holding that the relevant motor vehicle statutes were ambiguous and, based on Heien v. North Carolina, the officer’s stop of Sutherland’s car was based on a reasonable mistake of law, and therefore did not require suppression. The New Jersey Supreme Court disagreed and reversed. Click here to read more.
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