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!

United States v Cleveland 6thCIR 19OCT2018

United States v Cleveland 6thCIR 19OCT2018

There are number of issues bundled up in this case, but there is one issue that is worth a mention here: when does an off-site virtual search of a digital storage device (cellphone) have to take place to comply with the warrant?  All search warrants have a date within which the search must be initiated.  …

+ Read More

United States v Daniels 7thCIR 18OCT2018

United States v Daniels 7thCIR 18OCT2018

In this case the defendant sought to suppress evidence in a Franks hearing arguing the warrant affidavit was insufficient to establish probable cause because of a falsehood asserted in the affidavit. The Seventh Circuit applied the two-step process required when a warrant affidavit contains a false assertion of fact.  The court first looks to see …

+ Read More

United States v Lopez 7thCIR 18OCT2018

United States v Lopez 7thCIR 18OCT2018

When I was teaching Search and Seizure Law to future federal LEOs at the Federal Law Enforcement Training Center, to make sure they fully understood the level of certainty that was required to lawfully detain a person to conduct a criminal investigation, I would often ask: “When can you lawfully conduct a Terry Stop on …

+ Read More

Wilkerson v Akron 6thCIR 15OCT2018

Wilkerson v Akron 6thCIR 15OCT2018

An off-duty LEO spots two suspicious people in his neighborhood and calls it in.  Two officers respond which leads to an encounter that starts with a Terry Stop and a Terry Frisk, followed by a tussle on the ground and a firearm discharging, and the suspect being shot twice as he runs away (eventually dying …

+ Read More

Karels v. Storz 8th CIR 15OCT2018

Karels v. Storz 8th CIR 15OCT2018

This is another 42 USC 1983 civil suit for excessive use of force. In this case, the 8th Circuit denied Qualified Immunity to a tall and physically fit LEO who body-slammed a short and fat drunk woman while arresting her for non-violent misdemeanors stemming from a complaint made by the person with whom she lived.  …

+ Read More

Conlogue v. Hamilton 1st CIR (11OCT2018)

Conlogue v. Hamilton 1st CIR (11OCT2018)

This case is about whether an officer should be granted qualified immunity in a 42 USC 1983 civil suit alleging excessive use of force when a SWAT-trained Maine State Trooper shot an killed an armed civilian after a prolonged standoff.  Citing Graham v. Connor, 490 U.S. 386 (1989) and Pearson v. Callahan, 555 U.S. 223 …

+ Read More

United States v. Velazquez 7th CIR (9OCT2018)

United States v. Velazquez 7th CIR (9OCT2018)

In this case the defendant (Velazquez) was arrested in his driveway. Officers then searched his car when a K9 alerted on the car. During the search, they discovered evidence which Velazquez sought to suppress as fruit of an unlawful search.  The court ruled that the arrest in the driveway was not a Fourth Amendment violation …

+ Read More

United States v Fiseku 2nd CIR (4OCT2018)

United States v Fiseku 2nd CIR (4OCT2018)

The defendant and two other men were detained under a Terry Stop. The officers told the men they were not under arrest and did not Mirandize them. The officers then conducted a Terry Frisk and handcuffed the men during the investigatory stop. The defendant argued that the use of handcuffs turned the detention into a …

+ Read More

United States v De Castro 3rd CIR (3OCT2018)

United States v De Castro 3rd CIR (3OCT2018)

In this case, a police officer approached someone he suspected was involved in criminal activity and from a distance of 5 to 10 feet away, he asked the person if he would remove his hands from his pockets in a “polite, conversational, and non-threatening tone.” The person in this situation was De Castro, and when …

+ Read More

United States v Contreras 5th CIR (1OCT2018)

United States v Contreras 5th CIR (1OCT2018)

Contreras, the defendant in this criminal case, was indicted, convicted and sentenced to 168 months imprisonment for violating federal child pornography law under 18USC2252(a)(2).  The evidence used to convict Contreras was obtained as a result of a search warrant executed on his family residence.  The warrant affidavit contained information obtained specifically from two grand jury …

+ Read More