Podcasts

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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US v Ford 8th Circuit (25APR2018)

US v Ford 8th Circuit (25APR2018)

This is a case about what is required to enter a home on an arrest warrant alone to effectuate an arrest, what constitutes probable cause to believe the person to be arrested is inside the home, the extent to which a protective sweep can be conducted when effectuating the arrest, and the plain view seizure …

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The Case of the Show and Tell Entries

The Case of the Show and Tell Entries

Montanez v. Carvajal, 11th Cir. May 2018  –  Bruce’s Brownbag Wednesday Webinar 2018-14 This case is about a detention that leads to an arrest outside of a dwelling in Deland, Florida.  During the detention/arrest, law enforcement officers enter and leave a dwelling six times before obtaining a warrant for the seventh entry.  The Eleventh Circuit …

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The Case of the Ducky Deal

The Case of the Ducky Deal

BB2018-13  United States v. Flores (1st Circuit 25 April 2018) This is a case about a tip that turns into a warrantless arrest outside of the hotel in Brunswick Maine that evolves into a warrantless search of the hotel room followed by a warrant application and a subsequent search pursuant to the warrant. The Fourth …

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US v Houck – 8th Cir (26APR2018)

US v Houck – 8th Cir (26APR2018)

This case involves the search of a recreational vehicle (RV) as the part of the premises for which a search warrant was issued.  When the officers arrived to execute the premises warrant the defendant had an RV and a pickup truck in the driveway. The truck had a trailer attachment but the RV was not connected to …

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The Case of the Frisky Bullet

The Case of the Frisky Bullet

BB2018-12 United States v. Johnson, 11th Cir. March 2018 This case involves the response to a 911 call reporting a burglary that results in a Terry Stop, a Terry Frisk, the retrieval of one round of ammunition and a holster, and the search for the firearm to which they belong.  Bruce lines up the Fourth …

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