John Besselman and Kenny Anderson of the Federal Law Enforcement Training Centers' Office of Chief Counsel share their perspectives from their extensive legal training backgrounds. They provide a short course on navigating the areas of and around the Fourth Amendment for law enforcement officers. They have also provided a 10-episode series on the Fifth and Sixth Amendments and their application to statements made by suspects in criminal cases.
In this final episode, Ken Anderson and John Besselman explain how the centuries-old right to counsel plays into the law enforcement officer's ability to obtain valid statements from a suspect in a criminal investigation.
In episode 9 of the FLETC Office of Chief Counsel's 5th & 6th Amendment Podcast Series, Ken Anderson and John Besselman wrap up a small grab bag of items that are necessary for a complete understanding of how the 5th Amendment self-incrimination clause work.
In episode 8, Ken Anderson and John Besselman of the FLETC Office of Chief Counsel explore the proper procedures law enforcement officers must follow once a suspect chooses to invoke a right under the Fifth Amendment. Strict adherence to and respect for these legal boundaries ensures any statements officers obtain will meet the expectations of a reviewing court and the general public.
In episode 7, Ken Anderson and John Besselman explain and explore the different aspects of a Miranda waiver.
In episode 6 of the FLETC Office of Chief Counsel's ongoing podcast series on the 5th and 6th Amendment, Ken Anderson and John Besselman define the ever-important legal term "interrogation" and what it means in creating the conditions for a Miranda situation. Law enforcement officers will learn what acts and behaviors qualifies as interrogation.
In episode 5, Ken Anderson and John Besselman of the FLETC Office of Chief Counsel deliver content on the factors necessary to create a Miranda warning situation. C, C and Q (Cops, Custody and Questioning) amounts to the coercive environment the Supreme Court contemplated in the Miranda decision. Ken and John explain when the moment has arrived for the need for Miranda warnings.
In episode 4 of the FLETC Office of Chief Counsel Podcast Series on the 5th & 6th Amendment, Ken Anderson and John Besselman take one large step closer to the center of the topic on self-incrimination.
In episode 3, Ken Anderson and John Besselman explain how the 5th Amendment's self-incrimination clause protects those even though they are not in the custody of the government. A review of the Kalkines and Garrity cases that provides protection to government employees and others.
In the second episode of the FLETC Office of Chief Counsel's Podcast Series on the 5th and 6th Amendments, Ken Anderson and John Besselman describe the conditions that must exist before a 5th Amendment self-incrimination protection exists. It's not as easy (or common) as many expect it to be.
In this 10 episode podcast series, brought to you by the Federal Law Enforcement Training Centers' Office of Chief Counsel, long-time law enforcement trainers Ken Anderson and John Besselman take on the content of the self-incrimination clause of the Fifth Amendment and examine Sixth Amendment right to counsel privileges as well. Join Ken and John as they explain how these constitutional privileges work and where law enforcement officers can improve their understanding of these protections.
Fundamentals of the 4th Amendment, Episode 15: Kenny Anderson and John Besselman conclude their review of major 4th Amendment concepts as they examine the oft-overlooked but nevertheless important inspection authorities that various government agencies possess. This is the 15th and final installment of the podcast series The Fundamentals of the Fourth Amendment.
Fundamentals of the 4th Amendment, Episode 14: In episode 14, Kenny Anderson and John Besselman discuss the uniqueness of the inventory search authority extended by the Supreme Court. Key cases include South Dakota v. Opperman and Florida v. Wells.
Fundamentals of the 4th Amendment, Episode 13: In the 13th offering in this series, Kenny Anderson and John Besselman look at special circumstances that could impinge the legal validity of consents obtained by law enforcement officers.
Fundamentals of the 4th Amendment, Episode 12: In this two-part look at consent searches, Kenny Anderson and John Besselman look at how the consent search became one of the most common types of searches conducted in the U.S., and look at some of the rules that refine it's usage.
Fundamentals of the 4th Amendment, Episode 11: What is a search incident to arrest, or SIA? What does it entail? When can the government conduct an SIA, and, more importantly, why? John Besselman and Kenny Anderson answer these questions and more in this podcast.
Fundamentals of the 4th Amendment, Episode 10: Terry v. Ohio is an important case in the understanding of the Fourth Amendment. One of that case's holdings was the Supreme Court's approval of the Terry stop. Another, discussed here, is what to do with a person that the officer reasonably suspects is armed and dangerous. What is a frisk, and what does it entail? Kenny Anderson and John Besselman explain.
Fundamentals of the 4th Amendment, Episode 9: Kenny Anderson and John Besselman look at the Fourth Amendment search warrant exceptions that fit under this general heading of exigent circumstances. Take a look at why a flushing toilet, a house on fire and a fleeing suspect can lead to government action without the benefit of a search warrant...and that action can still be "reasonable" under the Fourth Amendment.
Fundamentals of the 4th Amendment, Episode 8: John Besselman and Kenny Anderson conclude their examination and explanation of the mobile conveyance exception to the Fourth Amendment's search warrant requirement. See why this doctrine is so central to the understanding of the role the Fourth Amendment plays in our modern culture.
Fundamentals of the 4th Amendment, Episode 7: They couldn't complete this task in one episode...it's to important and there is too much ground to cover. Join FLETC OCC's John Besselman and Kenny Anderson as they begin their look at the legal aspects of the automobile exception/mobile conveyance exception or just the plain old Carroll Doctrine.
Fundamentals of the 4th Amendment, Episode 6: The phrase comes up in legal conversation all the time...but what is a plain view seizure and why is it so important the the law enforcement community? Kenny Anderson and John Besselman will provide their explanation.
Fundamentals of the 4th Amendment, Episode 5: The critical case of Terry v.Ohio is discussed by John Besselman and Kenny Anderson as they highlight the legal difference between a Terry stop and an arrest. Examine the factors that courts look at when they are making their own determination.
Fundamentals of the 4th Amendment, Episode 4: Kenny Anderson and John Besselman of the FLETC's Office of Chief Counsel describe the various legal levels of suspicion that law enforcement officers will have to know about to effectively and constitutionally carry out their duties. Episode No. 4 explores this territory.
Fundamentals of the 4th Amendment, Episode 3: If you followed along in episode 2 (what is a search?) that you might want to press further on into episode 3--what is a "seizure" by definition under the Fourth Amendment. John Besselman and Kenny Anderson have the answers.
Fundamentals of the 4th Amendment, Episode 2: John Besselman and Kenny Anderson continue to explore the contours of the Fourth Amendment by asking the most important question--what qualifies as a search under the Constitution? Episode No. 2 covers this ground.
Fundamentals of the 4th Amendment, Episode 1: Join the Federal Law Enforcement Training Centers' Office of Chief Counsel's Senior Advisor for Training John Besselman and Informer Editor Kenny Anderson on this 15 episode podcast series covering the basic concepts of the Fourth Amendment. Whether you are simply curios about this most important concept that safeguards some of our basic freedoms as a people, or a studying for an exam on this topic, you might enjoy spending a little time with these veteran law enforcement Attorney-Advisors. Episode 1: where did this Fourth Amendment come from and why is it here?