On January 23, 2012, the Supreme Court of the United States decided Ryburn et al. v. Huff, et al. [i] which reiterated several rules that relate to the Constitutional reasonableness of an officer’s warrantless entry into a private residence. The facts of Ryburn are [...]
The collective knowledge doctrine basically stands for the proposition that if one law enforcement officer has reasonable suspicion or probable cause that would justify the stop of a suspect, then any officer can make the stop on behalf of the [...]
On March 16, 2011, the Third Circuit Court of Appeals decided United States v. Kennedy [i], which addressed the issue of whether a person who is not listed on a car rental agreement, and is therefore an unauthorized driver, possesses a reasonable [...]
On September 12, 2011, the Tenth Circuit Court of Appeals decided the United States v. Burleson [i] , which serves as an excellent legal review for officers on the topic of pedestrian stops. The facts of Burleson taken directly from the case are as [...]
On September 1, 2011, the Court of Appeals of Georgia decided the State v. Woods[i], which serves as an excellent review of criminal procedure issues related to the motel rooms, consent, detentions and the Fourth Amendment. The facts of Wood, taken directly from [...]
In a recent case, the Court of Appeals of Texas, Eighth District (El Paso), decided In the Matter of S.M.C.[i] which involved a search of a student’s locker in a public school. Called into question was whether the search of a student’s [...]
©2011 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) SEE PART 2 OF THIS SERIES on the web or printable pdf Social networking has become a common method for students to facilitate harassment and bullying of classmates. School officials often [...]
©2011 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) United States v. Matlock Illinois v. Rodriguez Georgia v. Randolph Wisconsin v. St. Martin The United States Supreme Court has, over the years, addressed the issue of third [...]
Questions often arise as to whether the mere possession of a firearm in public, absent some other illegal conduct, legally justifies a brief investigatory detention or Terry Stop. This is not an easy question to answer because each state is free to [...]
On October 27, 2002, officers of the City of Madera (CA) Police Department arrested Everardo Torres. While he was seated handcuffed in the backseat of a patrol car, he began yelling and kicking at the rear door window. Officers standing [...]