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

SEVENTH CIRCUIT FINDS REASONABLE SUSPICION DESPITE DISCREPANCY IN SUSPECT DESCRIPTION

On June 3, 2019, the Seventh Circuit Court of Appeals decided the United States v. Adair[i], in which the court examined whether an officer had reasonable suspicion to stop and frisk a male, despite a discrepancy in the suspect’s clothing description.   The relevant facts of Adair, taken directly from the case, are as follows: Officer Squires received the emergency notification just after 10:45 p.m. The additional details came in a message transmitted by the 911 operator to the computer in Officer Squires's police car. According to the message, the 911 caller provided her first name and phone number and stated [...]

By |January 28th, 2020|Categories: Legal updates|

AUDIO OF INCIDENT HELPS ELEVENTH CIRCUIT GRANT IMMUNITY TO DEPUTY IN SHOOTING

On May 17, 2019, the Eleventh Circuit Court of Appeals decided Taffe v. Wengert[i], in which the court examined whether an officer was entitled to qualified immunity for shooting a robbery suspect.  The relevant facts of Taffe, taken directly from the case, are as follows: In June 2014, two women called the police to report that two men had robbed them of their belongings and cellphones at gunpoint. Deputies from the Broward Sheriff's Office, including Deputy Wengert, were dispatched to investigate. The callers described the robbers as two black males with low-cut hair and dark clothing. One suspect was 5'10" [...]

By |January 20th, 2020|Categories: Legal updates|

SEVENTH CIRCUIT UPHOLDS LIMITED SEARCH FOR WEAPON AT DOOR OF RESIDENCE

On May 13, 2019, the Seventh Circuit Court of Appeals decided the United States v. Richmond[i], in which the court discussed a Terry stop and limited search for weapons of an area between a screen door and exterior door to a duplex in which the suspect resided.  The relevant facts of Richmond, taken directly from the case, are as follows: The night of October 11, 2016, Milwaukee Police Officers Chad Boyack and Anthony Milone were patrolling a residential neighborhood police refer to as the "Capitol Street Corridor." This area in Milwaukee is known for drug trafficking, armed robberies, and gun [...]

By |January 14th, 2020|Categories: Legal updates|

SIXTH CIRCUIT UPHOLDS EVIDENCE IN DRUG INVESTIGATION

On May 3, 2019, the Sixth Circuit Court of Appeals decided the United States v. Coleman[i], which serves as an excellent review of Fourth Amendment law pertaining to probable cause for search warrants of residences, GPS tracking of vehicles and curtilage.  The relevant facts of Coleman, taken directly from the case, are as follows: On March 9, 2017, law-enforcement agents began investigating Eddie Powell, a drug dealer, and his sources of narcotics. A cooperating defendant identified one of those sources as the defendant, Ronald Coleman. Officers began investigating Coleman and observed his two automobiles, a brown Trailblazer and a white [...]

By |January 6th, 2020|Categories: Legal updates|

SHOT SUSPECT WHO ESCAPES DOES NOT HAVE CLAIM FOR EXCESSIVE FORCE

On May 2, 2019, the Tenth Circuit Court of Appeals decided Torres v. Madrid et al.[i], in which the court examined whether officer violated the Fourth Amendment when they shot Torres, but she escaped.  The relevant facts of Torres, taken directly from the case, are as follows: Early in the morning on July 15, 2014, New Mexico State Police officers went to an apartment complex in Albuquerque to arrest a woman, Kayenta Jackson, who was "involved with an organized crime ring." Aplt. App. at 120. The officers saw two individuals standing in front of the woman's apartment next to a [...]

By |December 30th, 2019|Categories: Legal updates|

ELEVENTH CIRCUIT DISCUSSES EXCESSIVE FORCE AND PRE-TRIAL DETAINEES

On May 9, 2019, the Eleventh Circuit Court of Appeals decided Piazza v. Jefferson County et al.[i], in which the court examined whether a deputy used excessive force against a pre-trial detainee in the jail, and if so, whether the deputy’s supervisors were also liable.  The relevant facts of Piazza, taken directly from the case, are as follows: Ricky Hinkle, who suffered from alcoholism, heart disease, and depression, was arrested while "visibly intoxicated" and was taken to the Jefferson County Jail in Bessemer, Alabama.1 The next day, he was transferred to the Birmingham City Jail. Soon thereafter, he began suffering [...]

By |December 23rd, 2019|Categories: Legal updates|