On September 8, 2014, the Eleventh Circuit Court of Appeals of decided the Saunders v. Duke et al. [i], which serves as an excellent review of the law pertaining to the Fourth Amendment regarding excessive force. The relevant facts of Saunders, taken directly [...]
Courts have held that probationers are afforded a lesser expectation of privacy than individuals not on probation. As such, the United States Supreme Court has held that searches of probationers are deemed an exception to the probable cause and warrant [...]
On May 21, 2014, the Eleventh Circuit Court of Appeals decided the Morris v. Town of Lexington et al. [i], which serves as an excellent review of the law pertaining to warrantless entry into private residences. The relevant facts of Morris, taken directly [...]
On May 22, 2014, the Georgia Court of Appeals decided the Flading v. State [i], in which they decided the issue of whether a stipulation to plead guilty in a criminal DUI case in exchange for the dismissal of an administrative license [...]
On July 22, 2014, the Tenth Circuit Court of Appeals decided the Wilson v. Village of Los Lunas et al. [i], which serves as review of the law pertaining to arrests and retaliatory arrest. The relevant facts of Wilson, taken directly from the [...]
The Fourth Amendment is based upon the standard of “objective reasonableness.” This means that the subjective, or in other words, personal intent of an officer is irrelevant in determining whether a Fourth Amendment violation occurred. On July 2, 2014, the [...]
On April 8, 2014, the Eleventh Circuit Court of Appeals decided the Gennusa and Studivant v. Canova et al. [i], which is instructive regarding the Fourth Amendment implications of recording attorney-client conversations. The relevant facts of Gennusa, taken directly from the case, are [...]
On April 18, 2014, the First Circuit Court of Appeals decided the United States v. Oquendo-Rivas [i], which serves as an excellent review of the law pertaining to requests to remain silent and requests for counsel under Miranda. The relevant facts of [...]
On April 10, 2014, the Tenth Circuit Court of Appeals decided the United States v. Chavez, which serves as an excellent review of the law pertaining to intrusion into curtilage to execute an arrest warrant. The facts of Chavez, taken [...]
Excessive force cases are typically very fact specific as to whether the officers’ actions were reasonable under the Fourth Amendment. As such, it is instructive to look at specific facts of excessive force case to glean insight as to what [...]