EIGHTH CIRCUIT DISCUSSES REASONABLE SUSPICION, FALSE ARREST, EXCESSIVE FORCE AND VEHICLE SEARCHES
On July 25, 2024, the Eighth Circuit Court of Appeals decided Storrs v. Rozeboom[i], in which the court examined whether officers were entitled to qualified immunity in a suit that involved allegations of unlawful detention, false arrest, retaliation under the First Amendment, excessive force and an illegal search. The relevant facts of Storrs are as follows: On December 26, 2019, Officers Rozeboom and Malone responded to a shoplifting in progress at Dick's Sporting Goods in Papillion, Nebraska. A police dispatcher informed the officers that the suspects—a black male and black female—drove away to the east in a silver four-door sedan. When [...]
FIFTH CIRCUIT DISCUSSES SCOPE OF TRAFFIC STOP AND QUESTIONING OF DRIVER
On July 9, 2024, the Fifth Circuit Court of Appeals decided the United States v. Gonzalez[i], which serves as an excellent review of law pertaining to drug interdiction traffic stops. The relevant facts of Gonzalez are as follows: On June 14, 2019, Gonzalez was driving through Texas on U.S. 287 when State Trooper Daniel Manney ("the trooper") observed him traveling 91 miles per hour in a 75-miles-per-hour zone and stopped him for speeding. The trooper's body and in-car cameras captured the entire encounter. The trooper approached the passenger side of Gonzalez's vehicle, informed him that he had been stopped for [...]
FIFTH CIRCUIT DISCUSSES SUPERVISOR AND MUNICIPAL LIABILITY IN SEX ASSAULT CASE
On July 9, 2024, the Fifth Circuit Court of Appeals decided Terrell v. Harris County[i], in which the court examined liability of the Sheriff and the County after a deputy allegedly committed sexual assault with a woman he met at an off-duty job. The relevant facts of Terrell are as follows: Terrell spent the evening of February 23, 2020, at The Address, a bar in Houston where her cousin works. When she left, "there was visibly and audibly something wrong with her and she was not in her usual state of mind." At some point, Terrell encountered off-duty HCSO Deputies [...]
ELEVENTH CIRCUIT DISCUSSES LIABILITY FOR ARRESTING THE WRONG PERSON
On May 17, 2024, the Eleventh Circuit Court of Appeals decided Harris v. Hixon[i], which serves as an excellent review of the law related to liability for arresting the wrong person. The relevant facts of Harris are as follows: It all began on January 9, 2019, when someone broke into a car and stole a debit card and other items. The case was assigned to Columbia County Sheriff's Investigator Joseph Bultman. His case report documents the steps he took in his investigation, which led to the arrest of Harris. Bultman began his investigation by speaking to the crime victim. He learned [...]
ELEVENTH CIRCUIT DISCUSSES LIABILITY FOR FALSE ARREST
On May 14, 2024, the Eleventh Circuit Court of Appeals decided Faile v. City of Leesburg[i], in which the court examined whether two officers were entitled to qualified immunity for false arrest. The relevant facts of Faile are as follows: On April 3, 2020, Plaintiff was living in his office at a rental property he managed in Leesburg, Florida. That afternoon, Plaintiff had an altercation with the tenant and her boyfriend during which the boyfriend pushed Plaintiff to the ground. As Plaintiff walked away, he "exposed a small portion of skin on the right side of his lower back and [...]
FIFTH CIRCUIT DISCUSSES THE RELIABILITY OF A K9 ALERT
On May 17, 2024, the Fifth Circuit Court of Appeals decided the United States v. Martinez[i], in which the court examined whether a K9 trained to detect humans hidden in vehicles, as well as narcotics, was reliable since the K9 could possibly alert to the presence of the driver of the vehicle. The relevant facts of Martinez are as follows: On July 23, 2022, Martinez arrived at the USBP checkpoint in Falfurrias, Texas, driving a tractor-trailer. Working at the checkpoint that day were USBP Agent Steven Compton, a canine handler, and his canine, "Bak." Agent Compton has been a USBP [...]