Category: Uncategorized

Duhe v. City of Little Rock 8th CIR (5SEP2018)

Duhe v. City of Little Rock 8th CIR (5SEP2018)

This is a 42 U.S.C. 1983 civil suit alleging officers arrested the plaintiff without probable cause while the plaintiff was attending a demonstration and using a megaphone and blocking a driveway of a private business.  The court held that the officers had probable cause to arrest the plaintiff under Arkansas’ disorderly conduct statute and agree …

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Lenicomn v. City of Dallas 5th CIR (5SEP2018)

Lenicomn v. City of Dallas 5th CIR (5SEP2018)

This is a 42 U.S.C. 1983 action where the plaintiff alleged police officers violated his Fourth Amendment rights when they forcibly made a warrantless entry into his house to render medical assistance as a result of a 911 call.  The plaintiff also alleged excessive use of force when the officers used pepper spray to gain …

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United States v. Peterson 9th CIR (4SEP2018)

United States v. Peterson 9th CIR (4SEP2018)

Police officers arrested the defendant (a convicted felon prohibited from possessing a firearm) under 922(g)) on outstanding warrants. The defendant had a backpack at the time of arrest.   The officer waited to search the backpack until after defendant was handcuffed and in the back of the patrol car. A firearm was found in the backpack. …

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United States v Stewart 7th CIR (5SEP2018)

United States v Stewart 7th CIR (5SEP2018)

The defendant was identified as a suspect in a drug trafficking operation after months of surveillance including information by confidential informants.  As result of this suspicion, they put the defendant under surveillance. The defendant got in his vehicle, drove to a gas station where another individual got in the car and left a few minutes …

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US v Clark 3rd CIR (30AUG2018)

US v Clark 3rd CIR (30AUG2018)

The defendant was a passenger in a vehicle that was stopped for three traffic violations. After the LEO obtained all the information needed for the traffic violations, he conducted an inquiry of the driver and then sifted focus of the investigation to the passenger (Clark) and started to question him. When the stories didn’t match, …

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Bunkley v Detroit 6th CIR (29AUG2018)

Bunkley v Detroit 6th CIR (29AUG2018)

Officers made an arrest of the defendant because they were ordered to do so by a superior even though they had no reason to believe they had probable cause to make the arrest. The court denied qualified immunity holding that just because the officers were ordered to make the arrest didn’t absolve them of the …

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US v Raygoza-Garcia 3rd CIR (30AUG2018)

US v Raygoza-Garcia 3rd CIR (30AUG2018)

The court ruled that a traffic stop that was impermissibly extended to conduct an investigative inquiry without the requisite reasonable suspicion and therefore was a Fourth Amendment violation. The evidence obtained as a result of that extension was excluded under the exclusionary rule. To read or download the full decision click here

US v Santillan 2nd CIR (24AUG2018)

US v Santillan 2nd CIR (24AUG2018)

The defendant was prosecuted for various drug offenses as a result of evidence obtained during a traffic stop as well as statements made during the stop.  Specifically, the defendant argued that: the traffic stop was unreasonably prolonged to the point that it became a de facto arrest for which probable cause was lacking, that there …

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Johnson v Minneapolis 8th CIR (25AUG2018)

Johnson v Minneapolis 8th CIR (25AUG2018)

An officer arrested a woman for kicking him while he was arresting another individual, but the court ruled the officer did not have probable cause that she had kicked him and therefore denied qualified immunity. To read or download the full decision click here

United States v. Williams 3rd CIR (1AUG2018)

United States v. Williams 3rd CIR (1AUG2018)

Based on a suspicion that the vehicle contains drugs, Troopers make a valid traffic stop of the defendant’s vehicle and then obtain consent to search the vehicle.  After 71 minutes of searching, during which time the defendant seemed irritated and protested the length of time it was taking but never unequivocally withdrew consent, the troopers …

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