Category: Uncategorized

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 …

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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 …

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Shumpert v. City of Toledo 5th CIR (24 SEP2018)

Shumpert v. City of Toledo 5th CIR (24 SEP2018)

It was a warm, muggy summer night in Tupelo, Mississippi,  when Officer Senter saw a car he believed was involved in narcotics activities. The officer pulled the car over when he noticed the car had a non-functional tag light and failed to indicate at a turn.  Once stopped, the driver of the car (Shumpert) fled …

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Lee v. Tucker 10th CIR (24SEP2018)

Lee v. Tucker 10th CIR (24SEP2018)

A domestic altercation between a man and his wife who were both drunk resulted in a 911 call to the police by the wife. Deputies respond and entered the house with the consent of the wife.  During the encounter, the husband tried to move to the kitchen and a deputy attempted to stop him, first …

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Glasscox v. City of Argo 11th CIR (12SEP2018)

Glasscox v. City of Argo 11th CIR (12SEP2018)

This case is a civil suit under 42 USC 1983 for the excessive use of force by a police officer when he tased the plaintiff four times in rapid succession.  In a set of facts eerily similar to Graham v. Connor, the plaintiff was suffering from diabetic shock while driving and was pulled over by …

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United States v. Pyles 6th CIR (17SEP2018)

United States v. Pyles 6th CIR (17SEP2018)

In this case, Trooper Ramsey of the Kentucky State Police noticed a car doing 63 in a 70 mph zone. He ran the plates and discovered the registered owner had a warrant for her arrest. He pulled the vehicle over and when approaching the car he saw Pyles stuffing something under a pile of clothes …

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Martinez v. Cate 9th CIR (11SEP2018)

Martinez v. Cate 9th CIR (11SEP2018)

Here is a fundamental rule regarding Miranda Warnings and invocation of one or both of the rights: Once a suspect unambiguously invokes his right to counsel during custodial interrogation, the officer must immediately cease questioning and honor that right.  In this case, the Ninth Circuit held that the defendant unequivocally and unambiguously invoke counsel during this exchange: Immediately …

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Ioane v. Hall 9th CIR (10SEP2018)

Ioane v. Hall 9th CIR (10SEP2018)

The Ninth Circuit  affirmed the district court’s order denying qualified immunity on summary judgment to an IRS Supervisory Special Agent in an action alleging that the agent violated plaintiff’s Fourth Amendment right to bodily privacy when, during the lawful execution of a search warrant at plaintiff’s home, the agent escorted plaintiff to the bathroom and …

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Scott v. San Bernardino 9th CIR (10SEP2018)

Scott v. San Bernardino 9th CIR (10SEP2018)

Scott, Santana, and Hall  v. San Bernardino County, Ortiz, Thomas and Etiwanda School District. This case is an unfortunate example of what happens when a middle school assistant principal teams up with a school resource officer to implement their own version of “Scared Straight?”  Well, that is exactly what happened in this case.  A school …

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Morgan v. Fairfield County 6th CIR (6SEP2018)

Morgan v. Fairfield County 6th CIR (6SEP2018)

This is a peculiar case that deserves a mention in this week’s edition of the LEA ONE FLASH.  Apparently the Sherriff’s Department had a policy that allowed for a warrantless intrusion into the curtilage in a manner that violated the Fourth Amendment.  This is a good example of how policy can only be more restrictive …

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