©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 1, 2016, the Eleventh Circuit Court of Appeals decided Arnold-Rogers v. City of Orlando et al[i]. , which serves as an excellent review of the law pertaining to [...]
On August 17, 2016, the Seventh Circuit Court of Appeals decided the United States v. Caira [i] , in which they examined whether the use of a subpoena, rather than a warrant, to obtain IP login information and location was reasonable under [...]
On August 16, 2016, the Sixth Circuit Court of Appeals decided Getz v. Swoap et. al[1] , in which they examined whether an officer’s use of handcuffs on an arrestee constituted a Fourth Amendment violation. At the outset of the opinion, District [...]
On August 9, 2016, the Eleventh Circuit Court of Appeals decided Carr v. Cadeau[i] , in which they examined the issues of arguable probable cause to arrest and First Amendment protected speech. The relevant facts of Carr, taken directly from the case, are [...]
On July 13, 2016, the Court of Appeals of Georgia decided Bailey v. State[i], in which the court of appeals addressed whether the state statute that authorized the warrantless seizure of a blood sample from an unconscious DUI suspect was legal [...]
On July 14, 2016, the Ninth Circuit Court of Appeals decided the United States v. Torres [i] , in which the Ninth Circuit examined whether the inventory search of the air-box of a lawfully impounded vehicle is legal under the Fourth Amendment. [...]
On August 18, 2016, the Court of Appeals of Georgia decided Harper v. State [i], which serves as instructive concerning the law related to the authority of bail bondsman to enter the residence of third parties to revoke a bond. The relevant [...]
On August 23, 2016, the Eleventh Circuit Court of Appeals decided the United States v. Phillips [i] , in which they examined whether a search incident to arrest based upon an arrest for writ of bodily attachment was reasonable under the Fourth [...]
On June 20, 2016, the Tenth Circuit Court of Appeals decided Mayfield v. Bethards et al. [i], which discusses whether animals are considered property protected by the Fourth Amendment. The relevant facts of Mayfield, taken directly from the case, are as follows: According [...]
On July 19th, 2016, the Eighth Circuit Court of Appeals decided Shultz v. Buchanan et al. [i] , which serves as an excellent review of the law pertaining to home entry based on exigent circumstances and use of force under [...]