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

SEVENTH CIRCUIT DISCUSSES FALSE ARREST AND CONSENT TO SEARCH A RESIDENCE

On April 10, 2023, the Seventh Circuit Court of Appeals decided Berger v. Wood Cnty.[i], which serves as excellent review of the law related false arrest and consent to search under the Fourth Amendment.  The relevant facts of Berger are as follows: In May 2020, Wood County sheriff's deputies responded to a 911 call from Berger's then-girlfriend, who told them that she and her son were hiding outside after Berger, who was armed with a gun, had threatened to harm two of her acquaintances in a nearby town. She also stated that Berger had threatened her and her son. Law enforcement [...]

By |June 11th, 2024|Categories: Legal updates|

CAN AN OFFICER HANDCUFF A DRIVER DURING STOP FOR A TRAFFIC VIOLATION WITHOUT VIOLATING THE FOURTH AMENDMENT?

On April 5, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Williams[i], which serves as excellent review of the law related to handcuffing a driver during a traffic stop.  The relevant facts of Williams are as follows: Pablo Enriquez and Jason Otis, both deputies with the Hillsborough County Sheriff's Office (the "HCSO") Street Crimes Unit at the time of Williams's arrest, testified for the Government. Williams's attorney did not put on any witnesses. Below are the events of Williams's traffic stop, detention, arrest, and search, as articulated in the deputies' testimony. The goal of the HCSO's [...]

By |June 11th, 2024|Categories: Legal updates|

ELEVENTH CIRCUIT HOLDS ENTRY INTO FENCED BACKYARD VIOLATED THE FOURTH AMENDMENT

On April 7, 2023, the Eleventh Circuit Court of Appeals decided Lucibella v. Town of Ocean Ridge[i], which serves as excellent review of the law related to the curtilage of residence and it’s extent of Fourth Amendment protection.  The relevant facts of Lucibella are as follows: On October 22, 2016, Lucibella and Steven Wohlfiel, an offduty lieutenant for the Ocean Ridge Police Department, met at Lucibella's house to socialize. After attending a cocktail party at a neighbor's house, Lucibella and Wohlfiel returned to Lucibella's house and sat on Lucibella's backyard patio with alcoholic beverages. While sitting and discussing "family issues," Wohlfiel [...]

By |June 4th, 2024|Categories: Legal updates|

ELEVENT CIRCUIT – TRAFFIC STOPS, THE FOURTH AMENDMENT AND INEVITABLE DISCOVERY

On February 17, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Russell[i], which serves as an excellent review of the law pertaining to traffic stops, the Fourth Amendment and inevitable discovery.  The relevant facts of Friend are as follows: One evening in August 2018, Montgomery police officers Anphernee Canty and Luke Carey were patrolling near the Ann Street interstate exit, "riding around, looking for crime, looking for things that might be suspicious," and found themselves driving behind a 2004 Mercury Grand Marquis. Doc. 41 at 36.  While driving behind the car, Officer Canty asked his partner [...]

By |May 28th, 2024|Categories: Legal updates|

SECOND CIRCUIT – ARREST FOR HOLDING A SIGN WARNING OF POLICE TRAFFIC ENFORCEMENT VIOLATED FIRST AND FOURTH AMENDMENT

On February 27, 2023, the Second Circuit Court of Appeals decided Friend v. Gasparion[i], in which the court examined whether an officer violated the First and Fourth Amendments when he arrested a man for holding a sign warning of a police traffic enforcement operation.  The relevant facts of Friend are as follows: On April 12, 2018, the Stamford Police Department conducted a distracted-driving enforcement operation near the intersection of Hope and Greenway Streets in Stamford. The officers ticketed drivers for violations of Connecticut General Statutes § 14-296aa(b), which prohibits "using a hand-held mobile telephone" or "mobile electronic device" to "call" [...]

By |May 21st, 2024|Categories: Legal updates|

ELEVENTH CIRCUIT – EVEN IF OFFICER CHARGES WRONG OFFENSE THE ARREST IS STILL LAWFUL IF THERE WAS P.C. FOR SOME OTHER OFFENSE

On February 13, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Nicholl[i], which is instructive regarding the effect of officers charging a person with the wrong offense.  The relevant facts of Nicholl are as follows: In the early morning of August 16, 2020, Nicholl was pulled over in his Dodge Challenger and arrested by Atlanta Police Department officers for "laying drag," in violation of O.C.G.A. § 40-6-251, after he engaged the "line lock" feature of his car and burned out his rear tires while stopped in traffic. A search incident to arrest revealed a gun in Nicholl's [...]

By |May 14th, 2024|Categories: Legal updates|

Print Friendly, PDF & Email
Go to Top