Warrantless searches of private residences are presumptively unreasonable under the Fourth Amendment. However, the United States Supreme Court has established certain exceptions to the warrant requirement. On February 15, 2013, the Fourth Circuit Court of Appeals decided the United States v. Yengel [i], [...]
At times, law enforcement officers encounter animals that pose a danger to the officers or others and force must be used against the animal. On March 12, 2013, the Second Circuit Court of Appeals decided Carroll v. County of Monroe et [...]
On January 29, 2013, the Seventh Circuit Court of Appeals decided the United States v. Patton [i], which serves as an excellent review of the law related to frisks of suspects. The facts of Patton, taken directly from the case, are as follows: [...]
On December 7, 2012, the Indiana Court of Appeals decided Billingsley v. State [i] which serves as an excellent review of reasonable suspicion and the reasonableness of an officer’s show of force during a Terry stop. The facts of Billingsley, taken directly from the case, [...]
On February 19, 2013, the Supreme Court of the United States decided Bailey v. United States [i], which involved the issue of whether Michigan v. Summers [ii] can justify detentions beyond the immediate vicinity of the premises being searched. As a review, Michigan v. Summers involved [...]
On October 1, 2012, the Tenth Circuit Court of Appeals decided Storey v. Taylor, et al. [i] which is instructive regarding constitutional law related to police response to domestic disputes. In Storey, the Los Lunas, New Mexico Police Department received an anonymous call [...]
On November 8, 2012, the Eighth Circuit Court of Appeals decided the United States v. Coleman [i], which serves as an excellent review of traffic stop and vehicle search law. The facts of Coleman are as follows: On July 31, 2010, Coleman was driving [...]
On November 7, 2012, the First Circuit Court of Appeals decided the United States v. Rabbia [i], which serves as an excellent review of reasonable suspicion, Terry stops, and de facto arrests. The facts of Rabbia, taken directly from the case, are as follows: At [...]
©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On July 17, 2012, the Ninth Circuit Court of Appeals decided the United States v. Pope [i] in which they analyzed, under the Fourth Amendment, an officer’s command to a suspect [...]
©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On November 5, 2012, the Supreme Court of Georgia decided Registe v. State [i] which provides excellent guidance regarding the release of non-content cellular phone records. The facts of Registe are as [...]