Tag: Arrest

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 Perry 8thCIR 15NOV2018

United States v Perry 8thCIR 15NOV2018

Someone calls 911 and reports “shots fired” and describes the shooter as a taller black male with a goatee wearing a white shirt and dark pants. A few blocks away, police see two black males with one appearing to have a goatee and dark pants and a white shirt. When they see the police, the …

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Manners v Cannella 11th CIR (4JUN2018)

Manners v Cannella 11th CIR (4JUN2018)

Plaintiff was arrested for failing to pull over immediately for Hollywood, Florida police officer. Plaintiff sued under 1983 action. Held: Because the officers had probable cause to arrest Manners and did not violate clearly established constitutional law during his arrest, the officers were entitled to qualified immunity from the civil rights claims. A finding of probable cause …

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US v Ford 8th Circuit (25APR2018)

US v Ford 8th Circuit (25APR2018)

This is a case about what is required to enter a home on an arrest warrant alone to effectuate an arrest, what constitutes probable cause to believe the person to be arrested is inside the home, the extent to which a protective sweep can be conducted when effectuating the arrest, and the plain view seizure …

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The Case of the Ducky Deal

The Case of the Ducky Deal

BB2018-13  United States v. Flores (1st Circuit 25 April 2018) This is a case about a tip that turns into a warrantless arrest outside of the hotel in Brunswick Maine that evolves into a warrantless search of the hotel room followed by a warrant application and a subsequent search pursuant to the warrant. The Fourth …

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The Case of the Rasberry Jam

The Case of the Rasberry Jam

In this audio recording of Bruce’s Brownbag Wednesday Webinar 2018-07, Bruce discusses the legal aspects of US v. Rasberry. This case is from the First Circuit and was released in February 2018. KEY PHRASES: Consent to Search Terry Stop Terry Frisk Arrest Search Incident to Arrest KEY CASES: Terry v. Ohio, 392 U.S. 1 (1968) …

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