NCJ Number
154479
Journal
FBI Law Enforcement Bulletin Volume: 64 Issue: 3 Dated: (March 1995) Pages: 17-23
Date Published
1995
Length
7 pages
Annotation
This article addresses the legal issues related to incidents where individuals wear, use, or possess body armor when committing criminal offenses.
Abstract
The article focuses on the criminal statutes enacted by some States to criminalize individuals' wearing, using, or possessing body armor when committing criminal offenses. It also examines those jurisdictions where specific criminal statutes have not been enacted but where police and prosecutors have employed various investigative and prosecutorial practices that have resulted in the introduction of body armor as evidence in criminal trials. The article offers suggestions to investigators and prosecutors on how to address this issue in the future. While the criminal statutes discussed in this article use a variety of terms to describe body armor, all refer to garments manufactured specifically for the purpose of stopping firearm projectiles. Officers can use the wearing, use, or possession of body armor as a clearly demonstrable fact in establishing probable cause to arrest. Body armor can serve as evidence in criminal cases involving knowledge or intent. Endnotes