©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) Redmond v. Commonwealth of Virginia (Court of Appeals of Virginia, November 16th 2010) On November 16, 2010, the Court of Appeals of Virginia decided Redmond v. Commonwealth of Virginia [i], a case in which one of the issues dealt with the use of subterfuge by a federal agent in order to gain entry into a private residence. In Redmond, a Special Agent with the Bureau of Alcohol, Tobacco, and Firearms stationed in the Commonwealth of Virginia, received information that Redmond, a convicted felon, was in possession of firearms in his house.  The [...]

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Butler,  (3rd Cir. Decided December 28, 2010 Unpub.) On December 28, 2010, the Third Circuit Court of Appeals decided the United States v. Butler [i], which serves as an excellent review of the “exigent circumstance” exception to the search warrant requirement.  The facts of Bulter are as follows: After receiving a report that drug trafficking activity was taking place at an apartment building located at 941 Hamilton Street in Allentown, Pennsylvania, undercover Allentown Police Officers Christopher Cruz, Michael Faulkner, and Pete McAfee went to that address. [...]

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Diaz, 2010 U.S. App. LEXIS 24958 (11th Cir. Decided December 7, 2010 Unpub.) On December 7, 2010, the Eleventh Circuit Court of Appeals decided the Unites States v. Diaz [i], which serves as an excellent review of several important legal issues that often confront law enforcement officers; particularly, this case covers entry onto private premises, the concept of curtilage, the consent searches, and search warrants.  The facts of Diaz, taken directly from the case, are as follows: On January 26, 2009 Officers Wolfe and Devinny drove onto Diaz's property [...]

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Walker,  (6th Cir. Decided August 12. 2010) In 1968, in Terry v. Ohio [i], the United States Supreme Court held that officers may conduct a brief investigative detention of a person based upon a “reasonable suspicion” standard as opposed to the “probable cause” standard required for arrest.  Further, the court also held that officers may conduct a frisk or limited search of a person’s outer clothing for weapons when the officer has a reasonable belief that the detained suspect is armed and dangerous.  Specifically, in Terry, the [...]

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) CR-09-1337, 2010 Ala. Crim. App. LEXIS 96 (Decided November 5, 2010) On November 5, 2010, the Court of Criminal Appeals of Alabama decided C.D.M. v. Alabama [i] which involved an anonymous caller phoning in information on an armed person to the police.  The facts of the case are as follows:  On May 21, 2010, a police officer received a dispatch regarding an “armed person.”  The specific facts were that a black male wearing dark colored jeans and a polo, school uniform-like shirt was seen entering an abandoned house on Lawson Road.  The caller [...]

©2010 Brian S. Battertion, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) Shepard v. Budnick (11th Cir. 2008 Unpublished) Law enforcement officers are often faced with the circumstance where they have probable cause to arrest a suspect for a particular crime, but he is inside his home and they are outside.  The need for a warrant occurs to the officers, but what if, instead, they can simply knock on the door and get the suspect to the door.  This can be a good idea, so long as the officers follow certain clearly established court precedent regarding warrantless in-home arrests. The Eleventh [...]