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

MAN IN A STOLEN CAR, PARKED IN DRIVEWAY DID NOT HAVE REASONABLE EXPECTATION OF PRIVACY AT RESIDENCE AS A GUEST

On August 21, 2020, the Eleventh Circuit Court of Appeals decided the United States v. Bossio[i], which serves as an excellent review of the law regarding when a guest at a residence has reasonable expectation of privacy at the residence and therefore, Fourth Amendment protection.  The relevant facts of Bossio, taken directly from the case, are as follows: The events underlying this appeal began when the Phenix City Police Department (PCPD) received a 911 call early in the morning about a suspicious vehicle parked in the driveway of 1804 Timberland Drive—the caller said that no one was supposed to be [...]

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

Bond v City of Tahlequah – A Petition for Certiorari to the United States Supreme Court -A Case of Extreme Importance to Deadly Force Analysis

Over the several years there has been ongoing disagreement amongst the Federal Circuits with respect to the analysis applied in deadly force cases.  Most of the Federal Circuits adopt a position that the officer’s use of deadly force be examined at the Moment In Time the force was used to determine the objective reasonableness of the force, without considering the actions of the officer leading up to the use of deadly force. The United States Court of Appeals for the 10th Circuit for more than a decade has held that an officer’s immediately connected conduct should also be considered and [...]

By |September 10th, 2021|Categories: Legal updates|

ELEVENTH CIRCUIT DISCUSSES PROTECTIVE SWEEPS AND PLAIN VIEW

On September 2, 2020, the Eleventh Circuit Court of Appeals decided the United States v. Rivera[i], in which the court examined whether a protective sweep of a motel room was reasonable under the Fourth Amendment.  The relevant facts of Rivera, taken directly from the case, are as follows: From June 7 through 17, 2015, five convenience stores in the Tampa area were robbed during early morning hours by an unknown Hispanic male brandishing a short-barreled shotgun. In four of the robberies, the suspect appeared to be wearing the same white athletic shoes with black edging. Although the suspect's face was covered, [...]

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

IN 2020, CAN THE POLICE PHYSICALLY PULL RESISTING SUSPECT OUT OF A CAR AND USE A TASER TO COMPEL HANDCUFFING WHEN SUSPECT CONTINUES TO ACTIVELY RESIST?

On July 24, 2020, the Sixth Circuit Court of Appeals decided Siders v. City of Eastpointe[i], in which the court answered the question presented in the title of this article.  To set the stage for the case, the Circuit Judge Alice M. Batchelder began the case by stating The main question in this case is whether a police officer dispatched to the night-time scene of an alleged domestic-violence assault must permit the suspect: (1) to withdraw into a dark minivan and close the door, then (2) to resist physical restraint by kicking the officer and clinging to a seat, and finally [...]

By |August 30th, 2021|Categories: Legal updates|

EIGHTH CIRCUIT HOLDS STOMPING THE ANKLE OF A RESISTING SUSPECT WHO IS HELD DOWN BY SEVERAL OFFICERS IS EXCESSIVE FORCE

On July 9, 2020, the Eighth Circuit Court of Appeals decided Shelton v. Stevens[i], in which the court examined whether an officer who stomped on a resistive suspect’s ankle, as several officers had the suspect on the ground, violated the Fourth Amendment, and if so, whether the officer was still entitled to qualified immunity. The relevant facts of Shelton, taken directly from the case, are as follows: In the early morning hours of October 15, 2015, Shelton violently assaulted a man at a strip club in Davenport, Iowa. Shelton and his two brothers repeatedly kicked the man in the head [...]

By |August 25th, 2021|Categories: Legal updates|

NINTH CIRCUIT UPHOLDS SHOOTING AT VEHICLE AFTER PURSUIT REASONABLE WHERE SUSPECT WAS DRIVING TOWARD OFFICERS

On July 22, 2020, the Ninth Circuit Court of Appeals decided Monzon v. City of Murrieta[i], in which the court examined whether officers used excessive force when they shot a driver after a vehicle pursuit when the driver drove in the direction of officers who were on foot in the area.  The relevant facts of Monzon, taken directly from the case, are as follows: On October 22, 2016, at about 1:45 a.m., Officer Chris Zeltner ran the license plate of a Kia van and discovered the van was reported stolen. Monzon was driving the van, and, unknown to Zeltner, Jerrico Reyes [...]

By |August 16th, 2021|Categories: Legal updates|

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