Legal Update Archive2018-08-06T22:11:41-04:00

TENTH CIRCUIT UPHOLDS OFFICERS DECISION TO EXTEND THE LENGTH OF A TERRY STOP

On December 20, 2022, the Tenth Circuit Court of Appeals decided the United States v. Samilton[i], which serves as an excellent review of the law related to the initiation and extended duration of Terry stops.  The relevant facts of Samilton, taken directly from the case, are as follows: I. BACKGROUND A. Factual History On September 13, 2020, the Oklahoma City Police Department received a 911 call from a Rodeway Inn hotel clerk. The clerk said a four-door, dark-colored car had been in the parking lot for several hours, and a Black female driver and a white, bearded male passenger were [...]

By |February 27th, 2024|Categories: Legal updates|

THE SCOPE OF A TRAFFIC STOP AND CONSENT TO SEARCH

On December 22, 2022, the Eighth Circuit Court of Appeals decided the United States v. Robles[i], which serves as instructive regarding the scope of a traffic stop and consent to search.  The relevant facts of Robles, taken directly from the case, are as follows: On June 20, 2019, Trooper Meeks stopped a maroon Nissan pickup truck that had crossed over the fog line. As he approached the vehicle, he observed a box in the back seat covered by a blanket. Trooper Meeks requested Robles' license and had her exit the vehicle. Robles was placed in Trooper Meeks' patrol vehicle where she [...]

By |February 20th, 2024|Categories: Legal updates|

K9 FREE AIR SNIFFS AND THE SCOPE OF A TRAFFIC STOP

On October 13, 2022, the Court of Appeals of Georgia decided the State v. Fish[i], which serves as instructive regarding the scope of a traffic stop and the use of a police K9 to conduct a free air sniff of the vehicle.  The relevant facts of Fish, taken directly from the case, are as follows: On September 19, 2020, City of Acworth police officer Brandon Greene was in a marked patrol car across from a gas station at the intersection of Ross Road and Highway 92 inside the City of Acworth, in Cobb County. Greene was conducting surveillance at the [...]

By |February 14th, 2024|Categories: Legal updates|

EIGHTH CIRCUIT DISCUSSES USE OF GPS DEVICE TO TRACK DRUG SUSPECT

On December 2, 2022, the Eighth Circuit Court of Appeals decided the United States v. Dewilfond[i], which is instructive regarding the use of GPS devices to track suspects during investigations.  The relevant facts of Dewilfond are as follows: Scott County, Iowa, Detective Greg Hill was the only witness at the June 2021 suppression hearing. Detective Hill testified that on September 25, 2020, he was investigating methamphetamine distribution in the Quad Cities area. A confidential source ("CS"), one of three sources who had informed Hill that Dewilfond was involved in distributing methamphetamine, informed Hill that Dewilfond wanted to borrow the CS's [...]

By |February 6th, 2024|Categories: Legal updates|

SIXTH CIRCUIT DISCUSSES FALSE ARREST UNDER THE FOURTH AMENDMENT

On November 3, 2022, the Sixth Circuit Court of Appeals decided the Zawada v. Hogan[i], which serves as an excellent review of the law related to false arrest under the Fourth Amendment.  The relevant facts of Zawada are as follows: In 2019, Zawada, then represented by counsel, filed his complaint against Officer Hogan, Sergeant Harpe, Sergeant Paul, and Hamburg Township, Michigan. His claims center around his arrest by Hogan and Harpe on December 19, 2017, after he decided not to return $1,500 given to him by his supervisor, Frederic Cummins, to purchase automobile parts for Cummins's business. The parts were [...]

By |January 30th, 2024|Categories: Legal updates|

OFFICERS SUED FOR ARRESTING PERSON AT A PUBLIC MEETING

On November 23, 2022, the Sixth Circuit Court of Appeals decided the Burton v. City of Detroit[i], in which the court examined whether officers violated the First and Fourth Amendments for arresting a member of the Detroit Board of Police Commissioners (BOPC) at a public meeting.  The relevant facts of Burton are as follows: Burton was elected to the BOPC in 2013 and has represented the Fifth District of Detroit in this capacity since 2014. The BOPC provides oversight for the Detroit Police Department ("DPD"). The BOPC Bylaws require that all BOPC meetings be conducted in conformity with Robert's Rules [...]

By |January 23rd, 2024|Categories: Legal updates|

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