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

SIXTH CIRCUIT: PARKING ENFORCEMENT OFFICER PRACTICE OF MARKING TIRE WITH CHALK VIOLATES THE FOURTH AMENDMENT

On April 25, 2019, the Court of Appeals of the Sixth Circuit decided Taylor v. City of Saginaw, in which the court examined whether a parking enforcement officer’s action of marking a tire with chalk violated the Fourth Amendment.[i]  In Taylor, a parking enforcement officer, Tabitha Hoskins, used chalk to mark Taylor's tires on fifteen separate occasions and issued her citations in kind. Each citation documented the date and time Taylor’s tires were marked with chalk. The cost of a citation started at $15 and increased with additional offenses. Taylor subsequently filed suit against Hoskins and the City and alleged [...]

By |September 27th, 2022|Categories: Legal updates|

GEORGIA COURT OF APPEALS DISCUSSES CONSENT SEARCH OF AUTOMOBILES

On June 29, 2021, the Court of Appeals of Georgia decided the Hill v. State[i], which is instructive regarding the law related to consent searches of automobiles.  The relevant facts of Hill are as follows: Viewed in this light, the evidence at the suppression hearing, shows that in October 2017, Corporal Colt Young, a sheriff's deputy, was on patrol when he observed Hill driving a black 2004 Acura at an excessive speed, clocking Hill on his police radar at 87 miles per hour in a 55 mile per hour zone. Young performed a u-turn, activated his emergency lights, and pursued [...]

By |September 21st, 2022|Categories: Legal updates|

NEGOTIATOR WELLNESS AND RESILIENCY

As the field of crisis/hostage negation has advanced over almost five decades from its inception by the NYPD in 1973 until present, many things have remained the same; however, many concepts have developed and advanced in this field. As negotiators learn and develop the old tried and true tactics and learn new ones developed through research, statistics, and advancements in psychology, there is still one area that many of even the most well-trained and experienced negotiators are unaware and unfamiliar with. This often unknown and un-trained skill is in negotiator wellness and resilience. It is understandable that the concept of [...]

By |September 15th, 2022|Categories: Legal updates|

EIGHTH CIRCUIT DISCUSSES THE LAW RELATED TO PROTECTIVE SWEEPS OF RESIDENCES

On July 26, 2021, the Eighth Circuit Court of Appeals decided the United States v. Thompson[i], which serves as an excellent review of the law related to protective sweeps of residences.  The relevant facts of Thompson are as follows: Tyreese Thompson, a convicted felon, was suspected of being involved in a gunfight in 2014 and stealing guns from a pawn shop in 2016. At the time of the 2016 burglary, Thompson was also the subject of a felony arrest warrant for a separate robbery. A confidential informant told the ATF that Thompson was at a house in Kansas City, Missouri that [...]

By |September 13th, 2022|Categories: Legal updates|

EIGHTH CIRCUIT DISCUSSES EXIGENT HOME ENTRY AT A DOMESTIC DISPUTE

On July 16, 2021, the Eighth Circuit Court of Appeals decided the United States v. Sanders[i], which serves as an excellent review of the law related to exigent home entry at a domestic dispute.  The relevant facts of Sanders are as follows: On February 16, 2018, just before 10:00 a.m., N.R. contacted her grandmother and said that her mother, Karina LaFrancois, and her mother's boyfriend, "Kenny" Sanders, were "fighting really bad" and that "they need[ed] someone to come." N.R. was eleven years old at the time. N.R.'s grandmother called 911 and relayed to the operator that she had been told an [...]

By |September 6th, 2022|Categories: Legal updates|

EIGHTH CIRCUIT DISCUSSES CONSENSUAL ENCOUNTERS AND INVESTIGATIVE DETENTIONS

On July 29, 2021, the Eighth Circuit Court of Appeals decided the United States v. Lillich[i], which serves as an excellent review of the law related to consensual encounters and investigative detentions.  The relevant facts of Lillich are as follows: In the early morning of February 3, 2019, two officers from the Woodbury County Sheriff's Office—Deputy Michael Lenz and a reserve deputy—were patrolling the small town of Sloan, Iowa, due to break-ins the night before at a church and a school. At around 2:00 a.m., while driving past a car wash, they noticed a car in a car wash bay [...]

By |August 31st, 2022|Categories: Legal updates|
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