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

TENTH CIRCUIT HOLDS CRIMINAL HISTORY CHECK DURING TRAFFIC STOP REASONABLE UNDER FOURTH AMENDMENT

On April 7, 2020, the Tenth Circuit Court of Appeals decided the United States v. Mayville[i], which serves as an excellent review of the law related to the extent of questioning and record checks that are permissible during the scope of a traffic stop. The relevant facts of Mayville, taken directly from the case, are as follows: Around 1:45 a.m. on May 6, 2016, Utah Highway Patrol Trooper Jason Tripodi stopped a red Audi for traveling 71 m.p.h. in a 60-m.p.h. zone, in violation of state law. After the Audi came to a stop, Trooper Tripodi observed the driver hunched [...]

By |May 11th, 2021|Categories: Legal updates|

ELEVENTH CIRCUIT UPHOLDS IMMUNITY FOR OFFICERS WHO SHOT MAN ARMED WITH A MASERATI

On April 2, 2020, the Eleventh Circuit Court of Appeals decided L.T. v. Owens et al.[i], which serves as an excellent review of the law related to deadly force. The Facts The facts of this case are lengthy; however, because use of force cases are very fact-specific, it is beneficial to include all of the facts. The relevant facts of Owens, taken directly from the case, are as follows: On the afternoon of March 24, 2015, three uniformed Smyrna police officers—Owens, Mark Cole, and Chris Graeff (collectively, the "Smyrna officers")—and three uniformed Cobb County police officers—Daniel Mangold, Bryan Moore, and [...]

By |May 4th, 2021|Categories: Legal updates|

SUICIDE INTERVENTION STRATEGIES FOR FIRST RESPONDERS

There are a variety of reasons why people consider, talk about, attempt, or complete suicide. A major reason why MOST people consider suicide is because they feel it is the only solution for their problem(s). Often this problem is some sort of physical or emotional pain. There are of course some other reasons people consider suicide. For some, it may be a way to take control. For example, they have been diagnosed with a terminal illness and they choose to end their life before the disease can ravage their body. Another example can be an individual facing incarceration and chooses [...]

By |April 26th, 2021|Categories: Legal updates|

EIGHTH CIRCUIT HOLDS NO EXCESSIVE FORCE FOR PRE-TRIAL DETAINEE TASED EIGHT TIMES AT JAIL

On April 24, 2020, the Eighth Circuit Court of Appeals decided Franklin v. Franklin County et al.[i], which serves as an excellent review of the law related to excessive force and the use of Tasers. The relevant facts of Franklin, taken directly from the case, are as follows: The sheriff's office in Franklin County, Arkansas, received a call one evening that a suspicious person, later identified as Franklin, was walking along a road and in driveways acting bizarrely and "swinging a stick like a sword." A sheriff's deputy found Franklin and spoke with him, and when Franklin made inconsistent statements [...]

By |April 20th, 2021|Categories: Legal updates|

SECOND CIRCUIT DISCUSSES REASONABLE SUSPICION DURING STOP OF BICYCLIST

On April 27, 2020, the Second Circuit Court of Appeals decided the United States v. Cuello[i], which serves as an excellent review of the law-related reasonable suspicion. The relevant facts of Cuello, taken directly from the case, are as follows: In the early morning hours of July 9, 2018, Cuello was stopped while riding his bike on the south side of Syracuse by Officer William Coleman and Officer Michael Birklin of the Syracuse Police Department. The officers stopped Cuello for a failure to have head and tail lights affixed to his bike in violation of New York Vehicle and Traffic [...]

By |April 14th, 2021|Categories: Legal updates|

ATTENUATION: THE LEGAL DOCTRINE THAT CAN PREVENT EVIDENCE SUPPRESSION

On April 24, 2020, the Ninth Circuit Court of Appeals decided the United States v. Chew[i], which serves as an excellent review of the law related to the attenuation doctrine, which is a legal doctrine that, under certain circumstances, can prevent suppression of evidence. In Chew, officers responded to a nuisance complaint.  The officers located Chew and handcuffed him for the suspected nuisance violation.  After he was detained and handcuffed, the officers conducted a warrant check and learned that Chew was wanted for a probation violation warrant.  He was taken to the police station and his backpack was subjected to [...]

By |April 7th, 2021|Categories: Legal updates|

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