Chief's Counsel: Do They Know It When They See It?

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Chief’s Counsel: Do They Know It When They See It?

Understanding the Elements of Warrantless Offenses

Jerome R. Spencer, General Counsel, Charles County Sheriff’s Office, Maryland

Justice Potter Stewart infamously found himself unable—or unwilling—to define “hardcore pornography,” but he knew it when he saw it.¹ Law enforcement officers frequently adopt Justice Stewart’s approach to warrantless arrests: “I do not remember all the elements of the crime, but I know it when I see it.”