Legal Update Archive2026-08-07T17:51:27-04:00

EIGHTH CIRCUIT DISCUSSES EXIGENT HOME ENTRY

On December 27, 2023, the Eighth Circuit Court of Appeals decided the United States v. Maxwell[i], which serves as an excellent review of the law related to warrantless, exigent home entry. The relevant facts of Maxwell are as follows: Lieutenant Steven Bose of the Waterloo, Iowa, Police Department initiated a traffic stop on a blue Chevrolet Trailblazer on November 4, 2020, at approximately 9:40 p.m. The Trailblazer did not stop until it came to a red light. The front-seat passenger opened the door and took off running, dropping a pair of black gloves. The passenger was a Black man wearing [...]

By |March 11th, 2025|Categories: Legal updates|

ELEVENTH CIRCUIT DISCUSSES REASONABLE SUSPICION OF DRUG DEALING

On December 28, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Tiller[i], which serves as excellent review of the law related to reasonable suspicion to believe person is involved in drug dealing. The relevant facts of Tiller are as follows: At about 6:00 p.m. on October 29, 2019, Corporal Young of the Bay County Sheriff's Office was looking for Travis Shutes based on a federal warrant. Corporal Young was in an unmarked car in the area of a bar and liquor store called Foghorn's that Shutes was known to frequent. Foghorn's was the location of past fights, [...]

By |March 4th, 2025|Categories: Legal updates|

FIFTH CIRCUIT GRANTS QUALIFIED IMMUNITY FOR OFFICER IN DEADLY FORCE CASE WHERE SUSPECT MADE FURTIVE MOVEMENT

On November 17, 2023, the Fifth Circuit Court of Appeals decided Argueta v. Jaradi[i], in which the court of appeals examined whether it was reasonable for an officer to shoot a fleeing suspect who made a furtive movement indicative of being armed or reaching for a weapon.  The relevant facts of Argueta are as follows: On June 25, 2018, Argueta and his girlfriend, Mary Ann Luna, drove to a convenience store in Galveston around 3 a.m. According to Luna, Argueta intended to buy a cigar. While Argueta was inside the store, Jaradi and his partner, Officer Matthew Larson, drove into the [...]

By |February 25th, 2025|Categories: Legal updates|

COURT UPHOLDS FREE-AIR SNIFF OF CAR WHILE DEPUTIES AWAITED DRIVER’S LICENSE STATUS

On July 24, 2023, the Court of Appeals of Georgia decided Rush v. State[i], which serves as an excellent review of the law related to pretextual traffic stops and canine sniffs of vehicle during traffic stops.  The relevant facts of Rush are as follows: [T]he record shows that on May 27, 2020, Mark Sutton, a narcotics investigator with the Lumpkin County Sheriff's Office, received a tip from a confidential informant about the details of a vehicle in Dahlonega involved in drug activity. Investigator Sutton observed the vehicle in the area and followed it to a gas station. Sutton later identified the [...]

By |February 18th, 2025|Categories: Legal updates|

FIFTH CIRCUIT GRANTS QUALIFIED IMMUNITY FOR CANINE OFFICER FOR BITE ON EMOTIONALLY DISTURBED WOMAN WHEN DOG REFUSED TO RELEASE

On November 21, 2023, the Fifth Circuit Court of Appeals decided Sligh v. City of Conroe[i], in which the court examined whether a canine officer was entitled to qualified immunity for allowing his dog to bite an emotionally disturbed woman who resisted an officer’s attempt place her in custody.  The relevant facts of Sligh are as follows: This case involves a plaintiff who was bitten and injured by a police dog. The below facts are mainly taken from the operative complaint. At 1:39 a.m. on July 5, 2018, Plaintiff-Appellant Olivia Sligh's partner called 911 to report that Sligh was suicidal, had [...]

By |February 12th, 2025|Categories: Legal updates|

ELEVENTH CIRCUIT DISCUSSES PROBABLE CAUSE FOR PROWLING CHARGE

On November 21, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Altieri[i], which serves as an excellent review of the law related to probable cause and arrests for prowling.  The relevant facts of Altieri are as follows: On March 28, 2022, at approximately 1:25 a.m., Officer Shannon noticed a car parked on Nova Drive, alongside a college, in Davie, Florida. Two males exited the vehicle dressed in all black and wearing black masks. Mr. Altieri—one of the two men—carried a plastic garbage bag and at least one of the two wore latex gloves. The two began to [...]

By |February 4th, 2025|Categories: Legal updates|
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