Category: Broadcast Blue

Villareal v. City of Laredo

Villareal v. City of Laredo

In this 60-minute podcast, host Bruce-Alan Barnard from LEA ONE provides an in-depth analysis of the Fifth Circuit decision in Villareal v. City of Laredo et al decided on November 1, 2021.

In this case, the Fifth Circuit denied qualified immunity to officers who made an arrest under an arrest warrant because the statute under which the arrest was made was deemed to be unconstitutional after the arrest.  The court held that, notwithstanding the fact that no court had ever declared the statute unconstitutional and a neutral magistrate issued an arrest warrant under the statute, the officers should have independently determined that the statute was unconstitutional and not made the arrest.

The Attack on Qualified Immunity

The Attack on Qualified Immunity

Broadcast Blue host Bruce-Alan Barnard is joint by Poppi Ritacco, JD, LLM who is currently a lecturer at the University of Pittsburg and is also a former FLETC Senior Legal Instructor.  Bruce and Poppi have a candid discussion about Qualified Immunity and then take a look at the Colorado statute abolishing qualified immunity for Colorado law enforcement officers.

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 to the warrantless entry of a dwelling.

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.