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

FOURTH CIRCUIT DISCUSSES THE THREE LEVELS OF OFFICER CITIZEN ENCOUNTERS

On May 28, 2020, the Fourth Circuit Court of Appeals decided the United States v. Ruffin[i], which serves as an excellent review of the three levels of officer citizen encounters and how officers progress through each level during an incident. The relevant facts of Ruffin, taken directly from the case, are as follows: Though Ruffin was eventually found guilty of a drug offense, the trail of events leading to his arrest began with a different crime. At approximately one o'clock on the morning of November 24, 2016, Tiffany Farmer, a Wilson, North Carolina resident, discovered that her car had been [...]

By |June 8th, 2021|Categories: Legal updates|

TENTH CIRCUIT DISCUSSES THE COMMUNITY CARETAKING FUNCTION EXCEPTION

On May 1, 2020, the Tenth Circuit Court of Appeals decided the United States v. Neugin[i], which serves as an excellent review of the law related to the community caretaking exception to the requirements of the Fourth Amendment. The relevant facts of Neugin, taken directly from the case, are as follows: Cherokee Nation Deputy Buddy Clinton was dispatched to a restaurant parking lot to respond to a verbal altercation between Mr. Neugin and Ms. Parrish. Their pickup truck was broken down. Deputy Clinton arrived and found Mr. Neugin sitting on the curb. Ms. Parrish was in the restaurant. While Deputy [...]

By |June 1st, 2021|Categories: Legal updates|

TENTH CIRCUIT UPHOLDS REASONABLE SUSPICION IN DURING DETENTION OF SUSPICIOUS PERSON

On May 26, 2020, the Tenth Circuit Court of Appeals decided the United States v. Goebel[i], which serves as an excellent review of the law related to reasonable suspicion required to detain a suspicious person. The relevant facts of Goebel, taken directly from the case, are as follows: In June 2017, Roswell Police Officer Alex Barleen was on patrol at approximately 2:45 a.m. when he heard a report of a reckless driver. A short time later, he observed a car behind him make an abrupt turn onto another street, which in Officer Barleen's experience is consistent with impaired drivers or [...]

By |May 25th, 2021|Categories: Legal updates|

FROM THE UNITED STATES SUPREME COURT

THE COMMUNITY CARETAKING FUNCTION DOES NOT APPLY TO HOMES Caniglia v. Strom, No. 20-157 (5/17/2021) 593 U.S. ___(2021). In 1973, the United States Supreme Court announced the Community Caretaking Function exception to the warrant requirement with respect to a search of an automobile in Cady v. Dombrowski, 413 U.S. 433 (1973). In that case, which involved the arrest of an off-duty police officer for a DUI collision, the officers had reason to believe that the officer may have left his gun in his vehicle.  The vehicle, which had been impounded was by that point unsecured in a tow yard.   Upon [...]

By |May 18th, 2021|Categories: Legal updates|

ELEVENTH CIRCUIT UPHOLDS USE OF CANINE EVEN THOUGH SUSPECT TURNED OUT TO BE 12 YEARS OLD

On May 6, 2020, the Eleventh Circuit Court of Appeals decided Anderson v. Vazquez[i], which is instructive regarding the use of police canines as a use of force under the Fourth Amendment. The relevant facts of Anderson, taken directly from the case, are as follows: Undercover detectives with the St. Petersburg Police Department were conducting surveillance near an apartment complex that had experienced recently a series of auto burglaries. The detectives communicated with each other over the police radio and described their observations at the actual time the events occurred. At some point, Officer Vasquez -- who was not involved in [...]

By |May 18th, 2021|Categories: Legal updates|

TENTH CIRCUIT HOLDS CRIMINAL HISTORY CHECK DURING TRAFFIC STOP REASONABLE UNDER FOURTH AMENDMENT

On April 7, 2020, the Tenth Circuit Court of Appeals decided the United States v. Mayville[i], which serves as an excellent review of the law related to the extent of questioning and record checks that are permissible during the scope of a traffic stop. The relevant facts of Mayville, taken directly from the case, are as follows: Around 1:45 a.m. on May 6, 2016, Utah Highway Patrol Trooper Jason Tripodi stopped a red Audi for traveling 71 m.p.h. in a 60-m.p.h. zone, in violation of state law. After the Audi came to a stop, Trooper Tripodi observed the driver hunched [...]

By |May 11th, 2021|Categories: Legal updates|

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