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Brian Beasley is the Legal Adviser for the High Point Police Department in High Point, North Carolina. In order to justify his exorbitant (not really) salary and keep his officers informed of the latest changes in the law, he writes legal updates from time to time. Brian knows that officers aren’t generally enthusiastic about reading something entitled “Legal Update” so he tries to include some humorous footnotes to encourage them. Since he began writing these updates, officers from other agencies have asked to be added to the mailing list, but Brian decided that creating a blog was by far a more arrogant and geeky option.

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    Cars, Consent, and Columbo

    28 Aug

    Posted by Brian Beasley In Legal Update

    To download a PDF file of this update, click here

    Cars, Consent, and Columbo:
    Consent Searches During Motor Vehicle Stops
    Legal Question of The Week

    Vol. 2, Number 19
    August 28, 2009 

    Brian Beasley
    Fan of Detective Television Shows and Legal Adviser, HPPD

                In that golden era of television referred to as “The 70’s,”1 there was a certain crime fiction series that featured the character of Lieutenant Columbo, a scruffy looking, shabbily dressed2 homicide detective whose fumbling, absentminded, overly polite demeanor made him an unlikely candidate to solve ANY crime, much less a complex murder.  However, his demeanor was a complex put-on, designed to lull suspects into a false sense of security.  Columbo was in fact a brilliant detective with an eye3 for minute details who would lull criminals into a false sense of security and then set up circumstances that would cause them to incriminate themselves.

                Columbo, played by the great Peter Falk,4 was probably most famous for his signature interrogation technique known as “the false exit.”  The detective would conduct a seemingly innocuous interview, politely conclude it and exit the scene only to stop in the doorway, turn around and say “One more thing…”  The “one more thing” was always a question that caught the suspect off guard, usually resulting in the suspect accidentally revealing incriminating information.  This method will feature prominently in our legal update today.5 Read More

    1. The 70’s also featured great shows like WKRP in Cincinnati, Mork and Mindy, Charlie’s Angels, and Buck Rodgers in the 25th Century. ↩
    2. Any resemblance to current High Point Police Detectives is strictly an accident or a product of the new dress code coupled with the current “mustache competition.” ↩
    3. The actor who played Columbo had a glass eye, so when I say he had “an eye for minute details,” I mean literally that.  AN eye.  As in one, not two. ↩
    4. Those of you too young to remember Columbo may know Peter Falk from his equally impressive role of grandfather/narrator in “The Princess Bride.” ↩
    5. Alongside several more random references to Detective Columbo – stay tuned. ↩
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    Is The Front Yard A Public Place?

    14 Aug

    Posted by Brian Beasley In Legal Update

    To download a PDF file of this update, click here

    Is The Front Yard A Public Place?
    Legal Question of The Week

    Vol. 2, Number 18
    August 14, 2009 

    Brian Beasley
    Might Be A Redneck and Legal Adviser, HPPD

                Once the legal office has decided on the topic for the next edition of “Legal Question of the Week,” we set out to find the best way to introduce the topic.1  Many times it takes us longer to write the opening paragraph than the rest of the document.  After all, we2 want something to grab your attention and get you in the proper mindset to absorb not only the great legal advice but the mediocre humor that appears herein.3  This week we start with a quote:  “A man’s front yard is the window to his house.”4

                Actually the topic this week stems from a statement I made in my last legal update.  If you recall, I dealt with one of the hot button issues of our day – disorderly conduct and the practice of “hair profiling.”  You should remember that our hypothetical situation involved a particularly obnoxious red-headed man who felt that he was being mistreated by the police.  In discussing whether our hypothetical antagonist could and should be charged with disorderly conduct, I stated that the requirement that the conduct be in a “public place” would probably be satisfied even though the man was in his own front yard.5  The idea that private property could be considered a public place probably deserves a little closer look. Read More

    1. Trying to find a topic for this esteemed legal treatise is often times the subject of much heated debate.  That explains the loud screams and weird guttural noises that you sometimes hear coming from the legal office.  It’s either an argument about the topic or that Chinese food I ate for lunch – either way, you don’t want to come in. ↩
    2. For those that are confused, the legal office is still a one man operation.  By using “we,” I make it sound more important.  Plus, it does feel crowded in here with all the voices in my head. ↩
    3. “Herein” is attorney-speak for “in here.”  This sort of thing is the reason law school is a three year program. ↩
    4. The reason this quote sounds stupid is because I just made it up.  It is only a quote because I spoke it out loud before typing it.  It is based on the real quote:  “The eyes are the windows to the soul,” which makes much more sense but is offensive to those of us with dark colored eyes. ↩
    5. Speaking of front yards, if you burn your front yard rather than mowing it, you might be a redneck according to Jeff Foxworthy. ↩
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