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

ELEVENTH CIRCUIT UPHOLDS FRISK DURING CARETAKING ENCOUNTER

ELEVENTH CIRCUIT UPHOLDS FRISK DURING CARETAKING ENCOUNTER By Brian S. Batterton, J.D. On April 10, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Simmons[i], in which the court examined whether an officer acted reasonably under the Fourth Amendment when he frisked what appeared to be a stranded motorist. The relevant facts of Simmons, taken directly from the case, are as follows: On January 1, 2018, at around 7:30 p.m., Deputy Carlos Roman was dispatched to a broken-down vehicle sitting in the left turn lane of a divided highway in Palm Shores, Florida. Approaching the vehicle, Deputy [...]

By |November 19th, 2019|Categories: Legal updates|

ELEVENTH CIRCUIT UPHOLDS IMMUNITY FOR SCHOOL OFFICIALS WHO SEARCHED CELL PHONE AND PROHIBITED FATHER FROM PREMISES

On March 12, 2019, the Eleventh Circuit Court of Appeals decided Jackson v. McCurry[i], in which the court examined whether school officials were entitled to qualified immunity for a warrantless search of a student’s cellphone as well as prohibiting the student’s father from various school functions. A summary of the relevant facts of Jackson, taken directly from the case, is as follows: The events began when a student, E.D.J., was accused of making fun of another student, M, for not making the volleyball team. After Josh Kemp, an administrative assistant to Assistant Principal Bo Oates and Principal Sandi Veliz, investigated [...]

By |November 11th, 2019|Categories: Legal updates|

NINTH CIRCUIT DISCUSSES FOURTH AMENDMENT RIGHTS OF PAROLEES

On March 15, 2019, the Ninth Circuit Court of Appeals decided the United States v. Korte[i], in which the court examined how various Fourth Amendment protections apply to a parolee. The relevant facts of Korte, taken directly from the case, are as follows: In a world of cybercrime and identity theft, Korte stole money the old-fashioned way — he robbed banks. After serving time in state prison for bank robbery, Korte was paroled in August 2016. As a parolee in California, Korte was "subject to search or seizure . . . at any time of the day or night, with [...]

By |November 5th, 2019|Categories: Legal updates|

FIFTH CIRCUIT AFFIRMS QUALIFIED IMMUNITY FOR OFFICERS IN DEADLY VEHICLE PURSUIT

On March 8, 2019, the Fifth Circuit Court of Appeals decided Morrow et al. v. Meachum[i], in which the court examined whether an officer was entitled to qualified immunity from suit when he maneuvered his police SUV into the path of a fleeing motorcycle which resulted in the death of Moon, the twenty-two year old operator of the motorcycle. The relevant facts of Morrow, taken directly from the case, are as follows: On June 26, 2014, Meachum was patrolling I-20 near the town of Cisco, Texas. He was driving a marked police SUV. At around 5:30 p.m., Meachum observed motorcyclist [...]

By |October 29th, 2019|Categories: Legal updates|

DO POLICE HAVE A DUTY TO SEEK OUT THOSE WHO MIGHT OBJECT TO A CONSENT SEARCH?

On March 6, 2019, the Court of Appeals of Georgia decided the State v. Lee[i], in which the court examined whether law enforcement officers are required to give a detained co-occupant/defendant an opportunity to object to the officers' entry into his residence to conduct a search pursuant to the consent of a co-occupant.  The relevant facts of Lee, taken directly from the case, are as follows: So viewed, the undisputed evidence shows that Jason McCoy, Chief of Police for the City of Soperton, received a call from a concerned citizen regarding a social media post allegedly made by Dustin Lee. [...]

By |October 22nd, 2019|Categories: Legal updates|

COPS’ CREDIBILITY IS BEING SUCCESSFULLY CHALLENGED

For years law enforcement officers have believed that their word would be believed.  That day is gone!  Four events have eroded what once was a quality we took for granted.  It is the actions of the few that is affecting the rest of us.  First, officers’ misconduct and falsehoods are displayed almost daily in the media.  Secondly, social media posts by the public as well as officers paint an unflattering image of a few stupid cops.  Thirdly, juries want support in video or forensic evidence to corroborate an officer’s testimony.  And lastly, more law enforcement officers are being place on [...]

By |October 14th, 2019|Categories: Legal updates|