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

SEVENTH CIRCUIT UPHOLDS DELAY IN TRAFFIC STOP WHERE OFFICER FORGOT TO REQUEST INSURANCE INFORMATION

On June 11, 2021, the Seventh Circuit Court of Appeals decided the United States v. Gholston[i], which serves as an excellent review of the law related to unreasonable delay by an officer during a traffic stop.  The relevant facts of Gholston, taken directly from the case, are as follows: Officer Cowick had long suspected that Gholston was distributing large quantities of methamphetamine from his truck. Cowick had an informant, Taylour Toolate, who occasionally provided information about criminal activity in Quincy, Illinois. On one occasion at an unspecified time, Toolate informed Cowick that she believed that Gholston was about to pick [...]

By |August 8th, 2022|Categories: Legal updates|

THIRD CIRCUIT DISCUSSES WHEN IT’S REASONABLE TO EXPAND A TRAFFIC STOP

On June 11, 2021, the Third Circuit Court of Appeals decided the United States v. Segovia[i], which serves as an excellent review of the law related to legal requirements for questions that are unrelated to the purpose of a traffic stop.  The relevant facts of Segovia are as follows: In November 2018, Gonzalez Segovia was driving eastbound on Interstate 78 in a black Ford Expedition when he was stopped by Pennsylvania State Trooper John Stepanski. After following Gonzalez Segovia for several minutes and seeing him drive too close to a large commercial truck, Trooper Stepanski initiated the stop at mile [...]

By |August 2nd, 2022|Categories: Legal updates|

THE PITFALLS OF RELYING TOO MUCH ON STATE AND CONSTITUTIONAL CASELAW. WHY AGENCY POLICY, INTENSE ANALYSIS OF CRITICAL INCIDENTS, AND EMPLOYEE MISCONDUCT IS MORE IMPORTANT.

By Lou Reiter, LLRMI Co-Director and Director of the Public Safety Internal Affairs Institute The U.S. Supreme Court and the other Federal courts have been good to law enforcement.  Their decisions have saved local police jurisdictions a lot of money when cases are dismissed for a variety of legal reasons; most don’t survive the critical review by these courts.  But these cases have done little to safeguard officers and the subjects they encounter during police activities.  Law enforcement agencies that rely only on state law protections and caselaw guidance in the development of policy and training are doing a disservice [...]

By |July 25th, 2022|Categories: Legal updates|

DC CIRCUIT UPHOLDS RAS TO STOP MAN IN VICINITY OF SPOTSHOTTER ALERT

On June 15, 2021, the Fourth Circuit Court of Appeals decided the United States v. Jones[i], which serves as an excellent review of the law related to reasonable suspicion required to detain a person.  The relevant facts of Jones are as follows: On the night of April 6, 2019, the Metropolitan Police Department (MPD) alerted police officers Jasmine Turner and Brianna Ennis that its ShotSpotter system had identified the sound of gunshots in the 3500 block of 13th Street Southeast in Washington, D.C. Appellant's Appendix (App.) 38-39. ShotSpotter is "a surveillance network of GPS-enabled acoustic sensors" that "use[s] sophisticated microphones [...]

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

FOURTH CIRCUIT DISCUSSES THE “SCOPE” OF A TRAFFIC STOP

On June 11, 2021, the Fourth Circuit Court of Appeals decided the United States v. Buzzard[i], which serves as an excellent review of the law related to the legal requirement that officers must not exceed the scope of a traffic stop.  The relevant facts of Buzzard are as follows: Shortly after 1:30am on October 12, 2018, West Virginia police officer Tyler Dawson pulled over a car for a defective brake light.1 Buzzard was driving and Martin was in the passenger seat of the car, which had recently left the parking lot of a Sheetz gas station and convenience store. Dawson, [...]

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

GEORGIA COURT OF APPEALS DISCUSSES FALSE ARREST

On September 29, 2020, the Court of Appeals of Georgia decided Patrick v. Andrews[i], which serves as an excellent review of the law related to false arrest under the Fourth Amendment.  The relevant facts of Patrick, taken directly from the case, are as follows: Viewed with these principles in mind, the record shows that around 9:00 p.m. on August 8, 2013, Gregory Crosby phoned 911 and requested assistance regarding a dispute he was having with his neighbor about the location of a fencepost. Crosby told the dispatcher to “send someone before we shoot each other” and ended the phone call. Deputy Andrews was [...]

By |June 24th, 2022|Categories: Legal updates|
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