Legal Update Archive2018-08-06T22:11:41+00:00

ELEVENTH CIRCUIT UPHOLDS REMOVAL OF AMMO FROM POCKET OF BURGLARY SUSPECT

On April 16, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Johnson[i], in which the court examined whether an officer was authorized seize a round of ammunition and empty holster he felt during a valid Terry frisk. The relevant facts of Johnson, taken directly from the case, are as follows: Williams, a police officer for the City of Opa-Locka, Florida, sat alone in his patrol car when a call came over his radio shortly after 4:00 a.m. on June 14, 2015. The call reported a burglary in progress at a nearby multi-family duplex and described the [...]

By |December 10th, 2019|Categories: Legal updates|

EIGHTH CIRCUIT UPHOLDS IMMUNITY FOR OFFICERS WHO DETAIN MAN AND WOMAN AT LUMBERYARD FOR FAILING TO ALLOW STORE EMPLOYEES TO SEARCH

On April 11, 2019, the Eighth Circuit Court of Appeals decided Waters v. Madson[i], in which the court examined whether officers violated the Fourth Amendment when they detained a man and his wife at a lumberyard when the man failed to allow store employees to check his trunk pursuant to a posted store policy. The relevant facts of Waters, taken directly from the case, are as follows: On March 27, 2016, Appellants visited a Menards store in Coon Rapids, Minnesota, to exchange a saw Mr. Waters had previously purchased for a new saw he had purchased online. Mr. Waters video-recorded [...]

By |December 3rd, 2019|Categories: Legal updates|

DEADLY FORCE: MAN WITH KNIFE SHOT BY POLICE

On April 3, 2019, the Fifth Circuit Court of Appeals decided the Estate of Shepherd v. City of Shreveport[i], in which the court examined whether an officer acted reasonably under the Fourth Amendment when he shot an killed a man with a knife. The relevant facts of Shepherd, taken directly from the case, are as follows: On October 15, 2013, Corporal Tucker was dispatched to Mr. Shepherd's home to assist the Shreveport Fire Department with a 911 call. Corporal Tucker was informed by dispatch that there was a potentially violent male who had possibly suffered a stroke and who the [...]

By |November 26th, 2019|Categories: Legal updates|

ELEVENTH CIRCUIT UPHOLDS FRISK DURING CARETAKING ENCOUNTER

ELEVENTH CIRCUIT UPHOLDS FRISK DURING CARETAKING ENCOUNTER By Brian S. Batterton, J.D. On April 10, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Simmons[i], in which the court examined whether an officer acted reasonably under the Fourth Amendment when he frisked what appeared to be a stranded motorist. The relevant facts of Simmons, taken directly from the case, are as follows: On January 1, 2018, at around 7:30 p.m., Deputy Carlos Roman was dispatched to a broken-down vehicle sitting in the left turn lane of a divided highway in Palm Shores, Florida. Approaching the vehicle, Deputy [...]

By |November 19th, 2019|Categories: Legal updates|

ELEVENTH CIRCUIT UPHOLDS IMMUNITY FOR SCHOOL OFFICIALS WHO SEARCHED CELL PHONE AND PROHIBITED FATHER FROM PREMISES

On March 12, 2019, the Eleventh Circuit Court of Appeals decided Jackson v. McCurry[i], in which the court examined whether school officials were entitled to qualified immunity for a warrantless search of a student’s cellphone as well as prohibiting the student’s father from various school functions. A summary of the relevant facts of Jackson, taken directly from the case, is as follows: The events began when a student, E.D.J., was accused of making fun of another student, M, for not making the volleyball team. After Josh Kemp, an administrative assistant to Assistant Principal Bo Oates and Principal Sandi Veliz, investigated [...]

By |November 11th, 2019|Categories: Legal updates|

NINTH CIRCUIT DISCUSSES FOURTH AMENDMENT RIGHTS OF PAROLEES

On March 15, 2019, the Ninth Circuit Court of Appeals decided the United States v. Korte[i], in which the court examined how various Fourth Amendment protections apply to a parolee. The relevant facts of Korte, taken directly from the case, are as follows: In a world of cybercrime and identity theft, Korte stole money the old-fashioned way — he robbed banks. After serving time in state prison for bank robbery, Korte was paroled in August 2016. As a parolee in California, Korte was "subject to search or seizure . . . at any time of the day or night, with [...]

By |November 5th, 2019|Categories: Legal updates|