Category: The BLUE Blog

In “The BLUE Blog” Bruce provides timely case law updates and summaries of decisions from U.S. appellate courts that have an impact on the legal aspects of law enforcement. This is the FASTEST case law update blog anywhere on the internet!

US v Pulido-Ayala 8th CIR (5JUN2018)

US v Pulido-Ayala 8th CIR (5JUN2018)

K9 Jampy was told to “find it” and immediately tugged at LEO towards open door. Jampy then went into the car and alerted. Held: Assuming for the sake of analysis that the dog’s entry into the vehicle was a “search” under the Fourth Amendment, we conclude on the facts here that the search was justified by probable …

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Gorman v Mississippi 5th CIR (6JUN2018)

Gorman v Mississippi 5th CIR (6JUN2018)

Accidental discharge of firearm causing fatal injury is not a Fourth Amendment violation.  Held: Under established Supreme Court precedent, a Fourth Amendment seizure does not occur whenever there is a governmentally caused termination of an individual’s freedom of movement but only when there is a governmental termination of freedom of movement through means intentionally applied. “There …

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Manners v Cannella 11th CIR (4JUN2018)

Manners v Cannella 11th CIR (4JUN2018)

Plaintiff was arrested for failing to pull over immediately for Hollywood, Florida police officer. Plaintiff sued under 1983 action. Held: Because the officers had probable cause to arrest Manners and did not violate clearly established constitutional law during his arrest, the officers were entitled to qualified immunity from the civil rights claims. A finding of probable cause …

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Vos v City of Newport Beach 9th CIR (11JUN2018)

Vos v City of Newport Beach 9th CIR (11JUN2018)

What do you do when a schizophrenic on amphetamine and methamphetamine enters a 7-11, brandishes scissors, momentarily takes a hostage,  cuts another patron, and then runs out the door charging police officers?  Well in the Ninth Circuit you had better not shoot him because, in their opinion, a reasonable jury could conclude that this “does …

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United States v. Serrano-Acevedo 1st CIR (13JUN2018)

United States v. Serrano-Acevedo 1st CIR (13JUN2018)

Evidence discovered warrantless search of a house is excluded and conviction is vacated.  The Buie (Protective Sweep) Doctrine did not apply under these facts to justify warrantless entry into home after warrantless arrest outside of home. Furthermore, the Attenuation Doctrine did not save the evidence. To download a complete PDF copy of the opinion, click here.

Edrei v. Bratton 2nd CIR (13JUNE2018)

Edrei v. Bratton 2nd CIR (13JUNE2018)

The Second Circuit holds that purposefully using a LRAD (Sound Gun) in a manner capable of causing serious injury to move non‐violent protesters to the sidewalks violates the Fourteenth Amendment under clearly established law. For a downloadable copy of the entire decision click here.

US v Cross 8th Cir. (30APR2018)

US v Cross 8th Cir. (30APR2018)

This case is about a girlfriend who consented to the search of the defendant’s grandmother’s house where the defendant apparently lived.  Sound confusing?  It’s not really … and the court does a good job of explaining the concept of “apparent authority” consent to search. To read or download a copy of the full opinion click …

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US V Garcia 8th Cir. (01MAY2018)

US V Garcia 8th Cir. (01MAY2018)

The case involves an encounter of an Amtrak train and subsequent search of a bag that leads to the discovery and plain view seizure of methamphetamine. The court ruled the encounter was consensual and so was the search of the bag.  There is a dissenting opinion that discusses exceeding the scope of consent. For a …

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US v Thurman 7th Cir. (2MAY2018)

US v Thurman 7th Cir. (2MAY2018)

This is a case that discusses what is required for a Miranda waiver and what constitutes valid consent to search a cell phone. It’s also a good case to review what is required for invocation of counsel and what happens when a person refuses to sign a written waiver but verbally waives. For a downloadable …

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US v Hammond 10th Cir. (15MAY2018)

US v Hammond 10th Cir. (15MAY2018)

Police officers in Aurora Colorado pulled over a car for having a burned out taillight. The defendant in this case was a passenger in the vehicle. The officers identified the passenger as someone who was affiliated with the gang and was wearing gang colors. The officers conducted a pat-down frisk and found a firearm on …

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