The United States Supreme Court decided another case impacting law enforcement operations on June 18th. i The case concerns whether a passenger in a vehicle which has been unlawfully stopped can challenge the basis of the stop when evidence is discovered relative to the passenger. In other words, does the passenger have an expectation in a vehicle they have been riding in, such that they can challenge the stop? Bruce Brendlin was a passenger in a vehicle driven by Karen Simeroth when the vehicle was stopped at 1:40 in the morning on November 27, 2001. Deputy Brokenbrough had observed Simeroth’s 1993 Buick [...]

The United States Supreme Court concluded that an officer’s decision to terminate a pursuit by ramming the fleeing motorist, who’s driving posed a serious threat to other motorists, does not violate the 4th Amendment. Victor Harris was clocked speeding by a deputy while driving a vehicle that was actively registered to him. When the deputy attempted to pull Harris over, Harris fled. The result was a six-minute pursuit that traveled nine miles. During the pursuit which reached speeds of 90 miles per hour, Harris crossed the center line, placing other motorists at risk and passed through two red lights. At [...]

Estate of Boliek v. Anne Arundel County, 2005 U.S. Dist. LEXIS 11182 (Dist. Md. 2005). A recent case before the United States District Court for the state of Maryland considered the concept of “color of law.” In order to allege a civil rights claim in federal court against a law enforcement officer or a law enforcement agency, the person bringing the lawsuit must show that a “person,” “acting under color of law,” violated a federally protected right. If any of these three elements fail, the person cannot bring their claim in the federal court. When law enforcement officers commit acts [...]

The United States Supreme Court further clarified the rules regarding consent searches in homes in Randolph v. Georgia, decided March 22, 2006. The Randolph case began as a fairly typical call to the police. Mr. and Mrs. Randolph were involved in a marital dispute that prompted the couple to separate. Mrs. Randolph went to Canada along with her son to stay with her parents in late May of 2001. She returned to Georgia in July. On July 6th, Mrs. Randolph called the police to complain that here husband had left with the couple’s son. While speaking with the police she [...]

In Wheeler v. City of Philadelphia, the federal trial court for the Eastern District of Pennsylvania dealt with what law enforcement officers would consider a common occurrence. Police responded to a call of a man who was having a psychotic breakdown near his home. William Wheeler, who was hallucinating, high on cocaine and armed, was screaming at imaginary assailants in the street. When the officers arrived, Wheeler was armed with a steak knife, a screwdriver, and a pair of scissors. The officers observed that Wheeler’s wife had blood on her from an apparent wound inflicted by William Wheeler. The officers [...]

United States v. Grubb, 547 U.S. ___, slip op. 04-1414 (3/21/06) Anticipatory Search Warrant Valid Though Triggering Event Not Included in Warrant. The United States Supreme Court held that an anticipatory search warrant, that described the triggering event for execution in the affidavit, but not the warrant or the attached schedules that were given to the suspect at the residence, still met the particularity requirement of the 4th Amendment. United States v. Grubbs, involved a controlled delivery of a videotape containing child pornography to Grubbs. Grubbs had ordered the videotape off an internet site run by a postal inspector for [...]