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

ELEVENTH CIRCUIT DISCUSSES MALICIOUS PROSECUTION AND THE FOURTH AMENDMENT

On November 17, 2021, the Eleventh Circuit Court of Appeals decided Kinnemore v. Cochran[i], which serves as an excellent review of the law related to malicious prosecution claims under the Fourth Amendment. In this case, on November 23, 2017, Kinnemore was arrested for aggravated assault, battery, and cruelty to a child after a domestic violence incident with his wife.  The remaining facts, taken directly from the case are as follows: On November 28, 2017, Amanda obtained a temporary protective order against Kinnemore. See O.C.G.A. § 19-13-3. The order "enjoined and restrained [Kinnemore] from doing, attempting to do, or threatening to [...]

By |January 24th, 2023|Categories: Legal updates|

OFFICER SUED FOR PULLING FLEEING SUSPECT BY THE HAIR AND PUNCHING HIM IN THE HEAD

On November 19, 2021, the Seventh Circuit Court of Appeals decided Hennings v. Milone[i], which serves as an excellent review of the law related to excessive force.  The relevant facts of Hennings are as follows: [Officer] Milone joined the pursuit of Hennings who was driving a car that matched the description of one that had been used in an armed robbery an hour earlier. Police cameras captured most of the chase and arrest. Hennings fled from the police at speeds sometimes over 100 miles per hour until he crashed into a taxi, injuring some of the occupants. Milone and his [...]

By |January 17th, 2023|Categories: Legal updates|

SIXTH CIRCUIT DISCUSSES HOME ENTRY UNDER HOT PURSUIT

On November 16, 2021, the Sixth Circuit Court of Appeals decided Allen v. City of Ecorse[i], which serves as an excellent review of the law related to warrantless home entry in hot pursuit.  The relevant facts of Allen are as follows: After midnight on April 15, 2017, Officers Craig Cieszkowski and Amjad Issa patrolled a neighborhood in Ecorse. Around 2:00 am, they spotted a black male wearing a white hooded sweatshirt engaging in a "hand-to-hand transaction" that they suspected involved drugs. Soon after, they watched the individual driving a moped without regard for traffic signs. The officers activated their emergency lights [...]

By |January 11th, 2023|Categories: Legal updates|

GEORGIA COURT OF APPEALS DISCUSSES REASONABLE SUSPICION

On November 2, 2020, the Court of Appeals of Georgia decided Runnells v. State[i], which is instructive regarding reasonable suspicion.  The relevant facts of Runnells are as follows: Llewellyn testified at the motion to suppress hearing that she had four years of experience on the narcotics squad of her police department, and had extensive training in drug investigations. On the night of the incident, Llewellyn was conducting a random patrol of an apartment complex in a “very high crime” area known for drug activity and recent robberies. It was dark at the time. She noticed a vehicle parked “oddly” behind several [...]

By |January 3rd, 2023|Categories: Legal updates|

SUSPECT FLEES IN VEHICLE WITH OFFICER ON RUNNING BOARD – SHOOTING LEGAL

On October 26, 2021, the Fifth Circuit Court of Appeals of decided Harmon v. City of Arlington[i], which serves as an excellent review of the law related to the use of deadly force when an officer is an unwilling, exterior passenger of a fleeing vehicle.  The relevant facts of Harmon are as follows: A City of Arlington police officer pulled over O'Shae Terry and his passenger, Terrence Harmon, for driving a large SUV with an expired registration tag. The officer approached the car and asked Terry and Harmon for identification. After taking their information, the officer advised them that she [...]

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

FOURTH CIRCUIT DENIES QUALIFIED IMMUNITY FOR DETECTIVE WHO FAILED TO DISCLOSE EXCULPATORY FACTS TO GRAND JURY

On October 26, 2021, the Fourth Circuit Court of Appeals of decided Trail v. Cressell[i], which serves as an excellent review of the law related to malicious prosecution under the Fourth Amendment.  The relevant facts of Trail are as follows: In September 2013, a CI contacted Inv. Cressell and Virginia State Police Special Agent Michael Carter, Cressell's colleague on the regional drug task force, stating that the CI could purchase Diazepam, which the CI referred to as "Nerve Pills," from a female who lived on Case Knife Road in Pulaski, Virginia. (Dep. of David Cressell 15:25-17:24, Mar. 12, 2020 [ECF [...]

By |December 20th, 2022|Categories: Legal updates|
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