©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 21, 2012, the Sixth Circuit Court of Appeals decided the United States v. McCraney [i], which serves as an excellent review of searches incident to arrest of automobiles in light of Arizona v. Gant.  The facts of McCraney, taken directly from the case, are as follows: At about 12:50 a.m., on July 4, 2010, Massillon Police Officer Curtiss Ricker was on routine patrol traveling eastbound on Lincoln Way in Massillon, Ohio. Defendant McCraney was traveling in the opposite direction as the passenger in a Buick Riviera that was registered to [...]

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On June 4, 2012, the Eighth Circuit Court of Appeals decided the United States v. Phillips [i] which is instructive regarding cases of mistaken identity during officer/citizen stops and the Fourth Amendment’s reasonableness requirement.  The facts of Phillips, taken directly from the case, are as follows: On October 25, 2010, a shooting took place at 1422 4th Avenue Southeast in Cedar Rapids, Iowa. Police officers had information that Gregory Hollie possessed a pistol when the shooting occurred and had given the pistol to another individual, who was later arrested. An investigation revealed information [...]

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On June 5, 2012, the Eleventh Circuit Court of Appeals decided the United States v. Carter[i], which serves as an excellent review of two rules regarding warrantless searches of automobiles.  The facts of Carter, taken directly from the case, are as follows: In 2006, Tampa Police Officer Petit frequently communicated with a concerned citizen about the drug activity in her neighborhood. The concerned citizen received no compensation for her phone calls and was generally considered a reliable source. In July 2006, she called Officer Petit and advised him [...]

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On January 5, 2012, the Ninth Circuit Court of Appeals decided the United States v. Russell [i], which serves as an excellent review regarding consent searches of a person.  The facts of Russell are as follows: Officer Matt Bruch is a Port of Seattle Police Officer assigned as a task force officer with the Drug Enforcement Administration group at the Seattle-Tacoma International Airport. On August 12, 2010, Bruch received a phone call from an Alaska Airlines ticket agent reporting that Russell, described as a black male wearing a leather jacket [...]

©2012 Jack Ryan, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) In Ryburn v. Huff [i] the United States Supreme Court examined a lawsuit which was brought against officers of the Burbank, California Police Department.  The officers were investigating a rumor concerning potential school violence.  The Court outlined the facts as follows: Darin Ryburn and Edmundo Zepeda, along with two other officers from the Burbank Police Department, responded to a call from Bellarmine-Jefferson High School in Burbank, California. When the officers arrived at the school, the principal informed them that a student, Vincent Huff, was rumored to have written a [...]

©2012 Jack Ryan, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) In Bobby v. Dixon, [i] the United States Supreme Court reviewed a decision of the United States Court of Appeals for the 6th Circuit involving the use of a confession against Archie Dixon at his trial for murder.  The United States Court of Appeals for the 6th Circuit had issued a writ of habeas corpus in Dixon’s benefit finding that his confession to police should not have been allowed due to a violation of the rules announced in Miranda v. Arizona.[ii] Archie Dixon and Tim Hoffner murdered Chris Hammer in order [...]