ELEVENTH CIRCUIT UPHOLDS SEARCH OF LUGGAGE AFTER CANINE ALERTS ON BUS
On April 22, 2016, the Eleventh Circuit Court of Appeals decided the United States v. Pina [i], which serves as an excellent review of the law pertaining to vehicle searches and searches of luggage. The relevant facts of Pina, taken directly from the case, are as follows: On October 15, 2012, Trooper Joseph Harrison of the Florida Highway Patrol observed an El Expreso bus that had stopped at a TA TravelCenter en route from Texas to Florida. The trooper obtained the passengers' consent to search their luggage. When Trooper Harrison noticed an oversized metal can of food inside Pina's suitcase, he remembered reading [...]
GEORGIA COURT UPHOLDS CONSENT FOR BLOOD DRAW BASED ON IMPLIED CONSENT
On April 22, 2016, the Court of Appeals of Georgia decided the State v. Reid [i], which serves as instructive concerning the law related to voluntary consent for a blood test under the Georgia Implied Consent statute. The relevant facts of Reid, taken directly from the case, are as follows: The evening of February 8, 2015, a Georgia state trooper pulled Jessica Reid over for speeding. In the course of that traffic stop, the trooper suspected Reid had been driving under the influence of alcohol and he arrested her after conducting some field sobriety tests. After reading her the Georgia implied consent notice, [...]
ELEVENTH CIRCUIT HOLDS OFFICER ACTED REASONABLY IN SHOOTING MAN DURING DOMESTIC STAND-BY
On April 15, 2016, the Eleventh Circuit Court of Appeals decided Kenning v. Carli [i], which serves as an excellent review of the law pertaining to when deadly force is reasonable under the Fourth Amendment. The relevant facts of Kenning, taken directly from the case, are as follows: On March 15, 2012, Lisette Galarza requested that the Lakeland police department assist her in retrieving her belongings from the trailer she had previously shared with Robert Cortes. Lakeland police officers Daniel Carli and Jordan Hernandez responded to the call, and were advised by dispatch that the owner of the trailer was known to be [...]
GEORGIA COURT UPHOLDS SEIZURE OF PROPERTY ABANDONED IN FOOT CHASE
On March 9th, 2016, the Court of Appeals of Georgia decided Newman v. State [i], which serves as instructive concerning the law related to abandonment of property during an encounter with police. The relevant facts of Newman, taken directly from the case, are as follows: So viewed, the evidence shows that in June 2013, a police officer was patrolling downtown Rome when he observed Newman in a parking lot behind a parking deck around 3:30 in the morning. Newman was standing near the driver's side of a parked vehicle and the officer thought at first that Newman was peering into the vehicle. The [...]
COURT HOLDS KNOCK AND TALK VALID DESPITE NO TRESPASSING SIGNS
On March 15, 2016, the Eleventh Circuit Court of Appeals decided the United States v. Carloss [i], which discussed the constitutionality of police going past “no trespassing” signs to the front door of a house to conduct a knock and talk. The relevant facts of Carloss, taken directly from the case, are as follows: Ashley Stephens, an agent with the federal Bureau of Alcohol, Tobacco and Firearms, received several tips that Carloss, a previously convicted felon, was unlawfully in possession of a firearm, possibly a machine gun, and was selling methamphetamine. In order to investigate these tips, Agent Stephens, along with Tahlequah, Oklahoma [...]
GEORGIA COURT FINDS REASONABLE SUSPICION WHEN SUSPECT FLED
On March 9th, 2016, the Court of Appeals of Georgia decided the State v. Williams [i], which serves as instructive concerning the law related to flight from a consensual encounter and whether that amounts to reasonable suspicion sufficient to justify an investigative detention. The relevant facts of Williams, taken directly from the case, are as follows: Deputy Wesley Aaron, the only witness at the hearing, testified that on March 9, 2014, he was dispatched to investigate a forced entry and burglary of a metal shop owned by Angie and Travis Wilkerson. Aaron spoke to Travis Wilkerson and learned that several items had been [...]