Author: blueadmin

The Community Caretaking Exception

The Community Caretaking Exception

Caniglia v. Strom   1stCIR   13MAR2020 In this episode, Bruce-Alan Barnard explains the development of the Community Caretaking Exception and breaks out the First Circuit’s analysis in this case. In this case of first impression for the First Circuit, the First Circuit joins the Fifth, Sixth, Eighth, and Ninth Circuits in applying the Community Caretaking Exception …

+ Read More

Kansas v. Glover – Special Supreme Court Edition!

Kansas v. Glover – Special Supreme Court Edition!

In this one-hour special Supreme Court edition of Broadcast Blue, host Bruce-Alan Barnard explains the significance of this case for law enforcement officers upon discovering a moving vehicle is registered to a person with a revoked driver’s license.

Traffic Stop – Permissible Questions

Traffic Stop – Permissible Questions

United States v. Smith  5thCIR   12MAR2020 In this episode, Bruce-Alan Barnard discusses this case which provides a great example of using questions that are permissible while conducting a traffic stop to establish the reasonable suspicion required under the Rodriguez Rule to extend the traffic stop into a Terry Stop.

Identify Passengers During Traffic Stops

Identify Passengers During Traffic Stops

United States v. Landeros   9thCIR   11JAN2019 Bruce-Alan Barnard explains the ruling in this case which answers the question: Can a traffic stop be extended simply because a passenger refuses to identify himself?  

Catching Flies with Honey

Catching Flies with Honey

United States v. Bernard, 4thCIR 24JUN2019 – In this case Bruce-Alan Barnard analyzes a case where consent is a key part of extending a traffic stop into an investigative detention and Fifth Amendment Miranda issues are created under the “functional equivalent of questioning.”

The Case of the Screen Door Sweep

The Case of the Screen Door Sweep

United States v. Richmond   7th CIR   13MAY2019 Presented by LEA ONE – Bruce-Alan Barnard is your host and he discusses this case where the Seventh Circuit extends a Terry Frisk behind a front porch screen door.

Chalk it up as a SEARCH!

Chalk it up as a SEARCH!

Taylor v. City of Saginaw, Sixth Circuit, 11APR2019 In this episode, Bruce discusses the case Taylor v. City of Saginaw where the Sixth Circuit held that merely touching a tire to put chalk on it to enforce parking laws is a search under the Fourth Amendment requiring a warrant or a Judicially Recognized Exception (JRE).  …

+ Read More

When is a person seized?

When is a person seized?

United States v. Gaines, 10th Cir. 12MAR2019 In this case, Bruce-Alan Barnard explores two key parts of Search and Seizure Law: What constitutes a “seizure” of a person for Fourth Amendment purposes? When does the Attenuation Doctrine apply after a Fourth Amendment violation to keep evidence from being suppressed under the Exclusionary Rule? There is …

+ Read More

He poked the tire!

He poked the tire!

United States v. Richmond   5th Cir. February 8, 2019 In the first Broadcast BLUE podcast of the 2019 season, retired FLETC Senior Legal Instructor Bruce-Alan Barnard summarizes and analyzes the case US v Richmond. This is a significant decision because it applies the definition of a search established by the Supreme Court in United States v. …

+ Read More

Wenzel v. Storm – Use of Force and Qualified Immunity

Wenzel v. Storm – Use of Force and Qualified Immunity

In this case, retired FLETC Senior Legal Instructor Bruce-Alan Barnard analyzes a recent Eighth Circuit case Wenzel v. Storm released August 9, 2018.  This case is about qualified immunity for use of deadly force in an altercation with an unarmed but belligerent suspect.