Author: blueadmin

United States v Polite 8thCIR 6DEC2018

United States v Polite 8thCIR 6DEC2018

It was a chilly Halloween night in Omaha, Nebraska when at about 2230 police in an unmarked car were monitoring an apartment parking lot at the request of the manager.  The apartment complex was known for narcotics, firearms, and even homicides.  The officers observed a group of about 20 people in the parking lot.  The …

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United States v Reddick 8thCIR 30NOV2018

United States v Reddick 8thCIR 30NOV2018

Police responded to a domestic violence call involving an automobile.  Although the person sought had fled on foot, a crowd had gathered around the crime scene.  The defendant (Reddick) approached the crime scene with his hands in his pockets.  When told by one officer to stop approaching the vehicle he failed to follow instructions and …

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United States v Hester 3rdCIR 30NOV2018

United States v Hester 3rdCIR 30NOV2018

Police observed a car park illegally by a store that was known to them to be a narcotics distribution point.  The defendant in this case (Hester) was a passenger.  When the driver admitted it wasn’t her car and she had no license, the defendant offered to drive and went to get out of the car. …

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United States v Terry 4thCIR 30NOV2018

United States v Terry 4thCIR 30NOV2018

What happens when you place a GPS tracking device on a vehicle without a warrant or a JRE (Judicially Recognized Exception)?  In this case, the drug evidence was suppressed and a conviction gets vacated.  LEOs secretly placed a GPS tracking device in a vehicle they had searched when they smelled marijuana in the car and …

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Moore-Jones v Quick 8thCIR 28NOV2018

Moore-Jones v Quick 8thCIR 28NOV2018

This case is a civil suit against a law enforcement officer for injuries sustained by the plaintiff when her car was knocked into a culvert during a PIT maneuver. The defendant had fled after a traffic stop was made and LEOs deployed the PIT maneuver at 35 MPH at the last exit only a mile …

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Henderson v City of Woodbury 8thCIR 28NOV2018

Henderson v City of Woodbury 8thCIR 28NOV2018

This is a Qualified Immunity case in which qualified immunity was denied because issues of fact existed that needed to be resolved by the jury.  Usually the issue of fact to be resolved is based on different versions of the facts presented by the plaintiff and the defendant officer. The interesting twist in this case …

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United States v Coleman 8thCIR 27NOV2018

United States v Coleman 8thCIR 27NOV2018

A woman makes a 911 call and states her boyfriend who lives with her punched her in the mouth and he had a gun.  Police responded to the 911call and the woman met police outside the residence and they could clearly see she had injuries consistent with her claim. Police entered the house with the …

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United States v Lopez-Zuniga 8thCIR 26NOV2018

United States v Lopez-Zuniga 8thCIR 26NOV2018

This case provides not one, but FOUR examples of warrants applications that are deficient in establishing probable cause and the resulting efforts to save the evidence.  The Eight Circuit held that the first two warrants were so lacking in indicia of probable cause that no reasonable officer could think probable cause was established and therefore …

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United States v Escobar 8thCIR 26NOV2018

United States v Escobar 8thCIR 26NOV2018

This 26-page decision reads like a short novel of drug trafficking by 13 people, five of whom were defendants in this case.  It involves numerous warrants and wiretap orders in a complex investigation lasting several months.  The reason I selected this case to include in this edition of the Blue Flash is because one of …

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United States v Zamudio 7thCIR 20NOV2018

United States v Zamudio 7thCIR 20NOV2018

This case is about whether probable cause existed in a warrant application.  The decision presents a great review of the law on establishing probable cause in the affidavit.  The District Court granted a motion to suppress holding the warrant application failed to provide direct evidence to establish that a evidence was linked to a particular …

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