FLORIDA COURT EXAMINES WHETHER AN OFFICER CAN ORDER VEHICLE OCCUPANTS TO EXIT THE VEHICLE MIDWAY THROUGH A TRAFFIC STOP TO CONDUCT A CANINE SNIFF OF THE VEHICLE
On May 23, 2024, the Supreme Court of Florida decided the State v. Creller[i], in which the court examined whether a K9 officer that arrives midway through a traffic stop to conduct a free-air sniff of the vehicle can order the driver out of the vehicle. The relevant facts of Creller are as follows: After a final warning, Creller, now argumentative and continuing to refuse to come out of the vehicle, was forcefully removed. At the suppression hearing, the trial court found the State's evidence credible, which established the following: on the date in question, Officer Diaz, a plain-clothes, undercover [...]
ELEVENTH CIRCUIT DISCUSSES LIABILITY OF A SHERIFF FOR FAILURE TO TRAIN DEPUTIES FOR DEALING WITH THE MENTALLY ILL
On April 16, 2024, the Eleventh Circuit Court of Appeals decided Chisesi v. Hunady[i], which is instructive regarding a sheriff’s liability for failing to train deputies on dealing with mentally ill subjects. In this case, Jonathan Victor was involved in a single vehicle accident on an interstate in Alabama. Firefighters and paramedics arrived and noticed that Victor’s hand was wrapped in a bloody cloth, he was bleeding, and he was acting strange and aggressive. Victor yelled at the paramedics to leave, and as they were doing so, one believed he saw a weapon on Victor’s lap. Deputy Hunady arrived and [...]
ELEVENTH CIRCUIT AFFIRMS QUALIFIED IMMUNITY FOR OFFICER WHO SHOT MAN WALKING TOWARD HIM HOLDING A HATCHET
In 2018, the Eleventh Circuit Court of Appeals decided Shaw v. City of Selma[i], in the court of appeals examined whether an officer violated the Fourth Amendment when he shot man who had created a disturbance in a restaurant and then began walking toward the officer holding a hatchet, refusing to comply with repeated commands to drop it. The relevant facts of Shaw are as follows: In the middle of the afternoon in early December 2013, Selma Police received an emergency call about a disturbance at a Church's Chicken restaurant. Shaw, a 74-year-old mentally ill man, had attempted to enter the [...]
WHAT IS LEGAL STANDARD OF CARE THAT THE COURTS USE TO DETERMINE IF AN OFFICER IS LIABLE FOR EXECUTING A WARRANT AT THE WRONG HOUSE?
On April 22, 2024, the Eleventh Circuit Court of Appeals decided Martin v. United States[i], which is instructive regarding the legal standard used by the courts in determining if an officer is liable for executing a warrant at the wrong location. In Martin, FBI agents and local police officers were tasked with executing an arrest warrant at 3741 Landau Lane. The warrant was part of a large operation targeting violent gang activity in Georgia. The agents knew that the suspect, Riley, had a violent criminal history and was known for gun possession. The FBI SWAT team leader tasked with executing [...]
DOES A PERSON IN POSSESSION OF A STOLEN VEHICLE HAVE STANDING TO CONTEST THE WARRANTLESS SEARCH OF THE VEHICLE?
On April 25, 2024, the Seventh Circuit Court of Appeals decided the United States v. Ostrum[i], in which the court of appeals examined whether a person in possession of a stolen vehicle had standing under the Fourth Amendment to contest the warrantless search of the vehicle. The relevant facts of Ostrum are as follows: The investigation into Dylan Ostrum began after law enforcement agents executed a search warrant at the Indianapolis home of Ricky Blythe. While Ostrum was not on the investigators' radar before the search of Blythe's home, that quickly changed. Agents found numerous text messages between Blythe and [...]
SIXTH CIRCUIT HOLDS NO EXCESSIVE FORCE WHEN OFFICER SHOT MAN POINTING A SHOTGUN AT THE GROUND
In 2021, the Sixth Circuit Court of Appeals decided Tucker v. Marquette Cty.[i], in which the court of appeals was faced with the issue of whether a deputy violated the Fourth Amendment when he shot an angry, non-compliant, suicidal man, who was walking toward the officer, holding a shotgun pointed at the ground. The relevant facts of Tucker are as follows: On the morning of June 9, 2016, Clifford Tucker called his doctor's office complaining about severe back and shoulder pain and threatening to commit suicide. The office called the Marquette County Sheriff's department, which dispatched Deputy Keith Romback to Tucker's [...]