n 1983, the United States Supreme Court, in Michigan v. Long [i], held that officers may conduct a search of the passenger compartment of a motor vehicle, limited to areas that could conceal a weapon, when there are specific, articulable facts that provide the officer with a reasonable belief that an occupant of the vehicle is dangerous and may gain immediate control of weapons.  On March 19, 2014, the Court of Appeals of Georgia decided the State v. Snead[ii], which serves as an excellent example of an application of the rule from Michigan v. Long. The facts of Snead, taken directly from the case are [...]

Knock and talks are often used by law enforcement officers to attempt to further an investigation where information immediately known may be short of probable cause.  On February 10, 2014, the Eighth Circuit Court of Appeals decided the United States v. Crisolis-Gonzalez [i], which serves as an excellent review regarding many aspects of a knock and talk.  The facts of Crisolis-Gonzalez are as follows: During his investigation of a series of drug trafficking cases in St. Joseph, Missouri, Special Agent Jose Covarrubias of Homeland Security Investigations received information from a confidential informant that Crisolis-Gonzalez had entered the country illegally, was involved in trafficking methamphetamine, [...]

In Navarette v. California [i] the United States Supreme Court examined the validity of a vehicle stop based upon an anonymous 911 caller’s report that the vehicle in question had just run the caller off the road.    The issue before the Court was whether or not the anonymous call in this case amounted to reasonable suspicion which would justify a stop. It is noted that this case is a midway point between Alabama v. White where an anonymous informant gave detailed information concerning Ms. White’s future activities with respect to the sale of drugs which law enforcement was able to corroborate before making the [...]

A recent decision rendered by the 3rd Circuit Court of Appeals, Murphy v. Radnor Twp. [i], illustrates the significance of a federal anti-discrimination statute enacted in 1994, the intent of which is to protect current and former members of the military from employment discrimination. USERRA (the Uniformed Services Employment and Reemployment Rights Act) was enacted in 1994, with the following stated purposes: (1) to encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; (2) to minimize the disruption to the lives of persons performing service in the uniformed [...]

The Supreme Court on Tuesday, heard argument in a police shooting case involving the West Memphis, Arkansas Police Department.  Michael Mosley, an attorney at the Arkansas Municipal League, argued the case on behalf of the Police Officers. The facts of the case involved a car stop in West Memphis, Arkansas.  When the officer asked Mr. Rickard to step out of his vehicle, Rickard fled the traffic stop leading officers on a dangerous pursuit.  Video of the pursuit captures the reckless nature of Rickard’s driving and officers can be heard on the accompanying audio indicating that Rickard was purposely trying to [...]

Generally, searches of residences must be supported by probable cause and a warrant.  However, the courts have recognized exceptions to this general principal, such as consent and exigent circumstances.  On March 4, 2014, the Court of Appeals of Georgia decided Payton v. State [i] which serves as an excellent review of the law related to consent searches of residences.  The facts of Payton, taken directly from the case, are as follows: The evidence shows that in August 2011, and for two years prior to this time, Payton lived in a residence at 186 Candler Road in Jones County. Ennis Grady Odom owned the [...]