Legal Update Archive2018-08-06T22:11:41-04:00

GEORGIA COURT OF APPEALS HOLDS NO REASONABLE EXPECTATION OF PRIVACY IN PHONE NUMBER, NAME ON CELLULAR ACCOUNT

On July 13, 2016, the Court of Appeals of Georgia decided the State v. Hill[i], in which the court examined whether a person has a reasonable expectation of privacy in their cellular phone number and name on their account.  The relevant facts of Hill are as follows: A law enforcement officer, who was the only witness at the hearing on Hill's motion to suppress, testified that on June 1, 2014, he investigated a taxi cab driver's claim that a man had fled without paying his cab fare. The man who fled had left a cellular phone in the back seat of [...]

By |August 8th, 2023|Categories: Legal updates|

NINTH CIRCUIT UPHOLDS PRIVATE SEARCH EXCEPTION TO THE WARRANT REQUIREMENT

On April 29, 2022, the Ninth Circuit Court of Appeals decided the United States v. Phillips[i], which serves as an excellent review of the private search exception to the warrant requirement.  The relevant facts of Phillips are as follows: In early 2018, Amanda Windes decided to call off her engagement to Daren Phillips. She believed Phillips had been lying to her about his alcohol use and financial troubles. She had also found "very inappropriate" text messages between Phillips and other women. Windes informed Phillips that he was no longer welcome in the house they shared. Two days later Phillips acknowledged [...]

By |August 1st, 2023|Categories: Legal updates|

SEVENTH CIRCUIT UPHOLDS THREE SEPARATE FRISKS OF SUSPECT DURING TRAFFIC STOP

On April 22, 2022, the Seventh Circuit Court of Appeals of decided the United States v. Smith[i], which serves as instructive regarding the legality of multiple frisks of the same suspect during a stop.  The relevant facts of Smith are as follows: On the night of June 18, 2018, at approximately 9:00 p.m., Leamon Smith was a passenger in Dalon Naylor's car when Chicago police officers pulled them over for running a red light. Officers Steven Holden and Dimar Vasquez turned on their body cameras as soon as they initiated the traffic stop. Officer Vasquez approached the driver's side of Naylor's [...]

By |July 26th, 2023|Categories: Legal updates|

SIXTH CIRCUIT DISCUSSES PC TO ARREST, THE AUTOMOBILE EXCEPTION AND VOLUNTARY CONFESSIONS IN A DRUG INVESTIGATION

On April 26, 2022, the Sixth Circuit Court of Appeals decided the United States v. Washington[i], which serves as an excellent review of the law as it pertains to probable cause arrest, the automobile exception, and the voluntariness of a confession when a suspect is under the influence of drugs. The relevant facts of Washington are as follows: On June 4, 2019, three individuals—Jasmine Seay, Jerod Belcher, and Jerry Tynes—were arrested after a controlled buy. During Belcher's interview with police, he confessed that, earlier that morning, he had sold one pound of methamphetamine to Washington in Room 202 of the [...]

By |July 18th, 2023|Categories: Legal updates|

TENTH CIRCUIT DISCUSSES FALSE ARREST AND QUALIFIED IMMUNITY

On April 18, 2022, the Tenth Circuit Court of Appeals decided Montgomery v. Calvano[i], which serves as an excellent review of the law as it pertains to false arrest and qualified immunity.  The relevant facts of Montgomery are as follows: Montgomery walked past Commerce City police officer Calvano and out of a Walmart with an unbagged package of cheese. Calvano then approached him and asked to see a receipt. Montgomery did not produce a receipt and did not "confirm nor deny that he paid for the merchandise." R. at 151. Calvano detained Montgomery while Walmart employees investigated whether Montgomery paid [...]

By |July 11th, 2023|Categories: Legal updates|

EIGHTH CIRCUIT HOLDS NO REASONABLE EXPECTATION OF PRIVACY IN HOSPITAL ROOM

On March 4, 2022, the Eighth Circuit Court of Appeals decided the United States v. Mattox[i], in which the court examined whether a person who had been shot had a reasonable expectation of privacy in his hospital room and whether statements he made to the police were voluntary.  The relevant facts of Mattox are as follows: On September 22, 2018, police officers responded to a 911 call about gunshots at an apartment complex in St. Paul, Minnesota. The officers followed a fresh blood trail and found a loaded Desert Eagle .50-caliber semi-automatic pistol with blood on it and the hammer [...]

By |July 3rd, 2023|Categories: Legal updates|

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