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

VEHICLE CONSENT SEARCHES – PART ONE: ELEVENTH CIRCUIT HOLDS QUESTIONS UNRELATED TO TRAFFIC STOP UNREASONABLY PROLONGED STOP

United States v. Campbell, No. 16-10128 (11th Cir. January 8, 2019) Held:  A stop is unlawfully prolonged when an officer, without reasonable suspicion, diverts from the stop's purpose and adds time to the stop in order to investigate other crimes. The case and holding above is important as it will change the methods by which law enforcement officers conduct traffic stops when they wish to seek consent to search a vehicle. The relevant facts of Campbell, taken directly from the case, are as follows: At about 9:00 pm on a brisk night in December 2013, Deputy Sheriff Robert McCannon was [...]

By |August 20th, 2019|Categories: Legal updates|

EIGHTH CIRCUIT DISCUSSES FALSE ARREST, EXCESSIVE FORCE AND DENIAL OF MEDICAL TREATMENT

On January 4, 2019, the Eighth Circuit Court of Appeals decided Awnings v. Fullerton et al.[i], which serves as an excellent review of Constitutional law pertaining to false arrest, excessive force and denial of medical treatment. The relevant facts of Awnings are as follows: On an early morning in July 2013, Officers Fullerton and Duncan of the LPD encountered Damien Wilkins on a sidewalk in Lincoln. The officers questioned Wilkins about his possible involvement with criminal activity. Awnings, Wilkins's companion, inserted himself into the conversation and began asking the officers why they were questioning Wilkins. Officer Fullerton informed Awnings that [...]

By |August 13th, 2019|Categories: Legal updates|

NINTH CIRCUIT UPHOLDS FEDERAL LAW PROHIBITING UNLAWFUL ALIENS FROM POSSESSING FIREARMS

On January 8, 2019, the Ninth Circuit Court of Appeals decided the United States v. Torres[i], in which the court examined whether the federal statute that prohibits unlawful aliens from possessing firearms violated the Second Amendment. The relevant facts of Torres are as follows: Torres was born in Mexico in 1985. Approximately four years later, he, his younger sister, and his mother moved to San Jose, California, to join Torres's father, who had entered the United States a year earlier. Nothing in the record suggests that either of Torres's parents ever had an immigration status through which Torres could qualify [...]

By |August 6th, 2019|Categories: Legal updates|

ELEVENTH CIRCUIT UPHOLDS ADMISSION OF EVIDENCE IN CONSENSUAL ENCOUNTER

On January 7, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Debona[i], in which the court examined whether Debona was the subjected to an illegal detention or a consensual encounter. The relevant facts of Debona are as follows: Just before 6:30 p.m. on July 6, 2015, the owner of a gun store located at the Star Plaza in North Fort Meyers, Florida, called 911 about a suspicious, red Ford Focus parked in the plaza parking lot. The gun-store owner reported the vehicle had two occupants, one male and one female, and that the female passenger had [...]

By |July 29th, 2019|Categories: Legal updates|

FOURTH CIRCUIT SUPPRESSES EVIDENCE FOUND PURSUANT TO SEARCH WARRANT BASED ON A TRASH PULL

On December 14, 2018, the Fourth Circuit Court of Appeals decided the United States v. Lyles[i], in which the court examined whether the discovery of three marijuana stems in trash bags in front of Lyles home was sufficient probable cause to support a search warrant.   The facts of Lyles, taken directly from the case, are as follows: Prince George's County Police, during an investigation unrelated to the present case, saw Lyles's phone number in a homicide victim's cell phone. They suspected that defendant might be relevant to that investigation. But it was only a hunch. So the police searched four [...]

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

FIFTH CIRCUIT UPHOLDS IMMUNITY FOR OFFICERS IN BODY CAVITY SEARCH WARRANT SUIT

On December 10, 2018, the Fifth Circuit Court of Appeals decided Charlot v. City of Houston, et al.[i], in which the court examined whether officers were entitled to qualified immunity when they requested and obtained a body cavity search warrant for an arrestee they believed had concealed a controlled substance in the area of his buttocks.   The facts of Charlot, taken directly from the case, are as follows: Members of the Houston Police Department surveilled Charlot as he appeared to engage in multiple drug transactions, and then stopped him for traffic infractions. After Charlot consented to the search of his [...]

By |July 15th, 2019|Categories: Legal updates|