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

COURT ORDERS MAY SUFFICE FOR CELL PHONE TRACKING

On April 30, 2021, the Seventh Circuit Court of Appeals decided the United States v. Harris[i], which is instructive regarding the validity of court orders, in lieu of search warrants, to track cell phone location.  The relevant facts of Harris, taken directly from the case, are as follows: In late 2016 Ryan Williams was charged in Indiana state court for selling drugs. In March 2017, as an act of cooperation, Williams provided South Bend police the number to a phone (ending in -5822) that, he claimed, drug dealers in the South Bend area used to sell drugs. Over the next [...]

By |May 17th, 2022|Categories: Legal updates|

MUNICIPAL LIABILITY FOR FAILURE TO TRAIN REGARDING DEADLY FORCE AGAINST VEHICLE OCCUPANTS

On March 10, 2021, the Eleventh Circuit Court of Appeals decided Favors v. City of Atlanta[i], in which the court discussed municipal liability pertaining to officer’s use of force against occupants of a fleeing vehicle.  The relevant facts of Favors, taken directly from the case, are as follows: On a Saturday night in 2015, Favors visited an adult entertainment club in Atlanta with a group of people. Emmanuel Thompson was on patrol as an officer for the Atlanta Police Department ("APD") and was parked across the street from the venue in a squad car. The evening ended with Thompson shooting [...]

By |May 11th, 2022|Categories: Legal updates|

ELEVENTH CIRCUIT DISCUSSES THE SCOPE OF A TRAFFIC STOP AND INVENTORY SEARCHES OF PERSONAL PROPERTY

On April 27, 2021, the Eleventh Circuit Court of Appeals decided the United States v. Forget[i], which serves as an excellent review of the law related to the lawful scope of a traffic stop and inventory searches. The relevant facts of Forget, taken directly from the case, are as follows: On October 10, 2018, detectives Michael Holmberg and Chad Davenport of the Naples Police Department ("NPD") were surveilling a hotel for drug-related activity in Naples, Florida. Holmberg saw Forget and another man leave the hotel in a red pickup truck. The two men later returned with food and a black [...]

By |May 3rd, 2022|Categories: Legal updates|

FIFTH CIRCUIT DISCUSSES THE BOUNDARIES REGARDING USE OF FORCE

On April 29, 2021, the Fifth Circuit Court of Appeals decided Hinson v. Martin[i], which serves as an excellent review of the law related to excessive force, the use of a police canine (K9) and the boundaries on use of force.  The relevant facts of Hinson, taken directly from the case, are as follows: In February 2016, DeSoto Parish Sheriff's Deputies, including Martin, were informed that Hinson was wanted on a felony arrest warrant for armed robbery involving a firearm. He was presumed armed and dangerous, according to the warrant; a Crime Stoppers tip also indicated that he was likely [...]

By |April 26th, 2022|Categories: Legal updates|

K9 SNIFFS, TRAFFIC STOPS AND THE LEGAL BOUNDARIES

On March 17, 2021, the Court of Appeals of Georgia decided Terry v. State[i], in which the court examined whether officers exceeded the scope of a traffic stop by having a K9 conduct a free air sniff of the vehicle.   The facts of Terry, taken directly from the case, are as follows: [O]n July 29, 2014, Sergeant Peter Lukas with the Georgia State Patrol was working his “normal duty” with two other officers. During his shift, Lukas initiated a traffic stop of a car because he could not see into the vehicle, which suggested the window tint was too dark [...]

By |April 19th, 2022|Categories: Legal updates|

NO IMMUNITY FOR OFFICERS WHO TASED TEEN GIRL WHO WAS HAVING A SEIZURE

On March 10, 2021, the Eleventh Circuit Court of Appeals decided Helm v. Rainbow City[i], in which the court examined whether officers violated the Fourth Amendment when a teenage girl who was having a grand mal seizure at a concert was held down and tased three times.   The facts of Helm, taken directly from the case, are as follows: On January 16, 2015, T.D.H. attended a concert with her younger sister, D.S.H., and some friends at a venue located in Rainbow City, Alabama. D.S.H. knew of T.D.H.'s condition and had been previously instructed by doctors on how to care for [...]

By |April 12th, 2022|Categories: Legal updates|
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