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

SEVENTH CIRCUIT DISCUSSES CELL TOWER DATA AND THE FOURTH AMENDMENT

On February 14, 2019, the Seventh Circuit Court of Appeals decided the United States v. Adkinson[i], in which the court examined whether the Fourth Amendment was violated when T-Mobile conducted two cell tower dumps, searched cell site location information and provided that data to the FBI, after several of their stores were robbed.  The relevant facts of Adkinson, taken directly from the case, are as follows: Adkinson and others, in July 2015, robbed a T-Mobile phone store in Clarksville, Indiana, and then a Verizon store in Kentucky the next day. With handguns drawn, they stole approximately 100 cell phones and [...]

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

ELEVENTH CIRCUIT DISCUSSES CLOSED-FIST STRIKES AND EXCESSIVE FORCE

On February 4, 2019, the Eleventh Circuit Court of Appeals decided Baker v. Clements et al.[i], in which the court examined whether an officer used excessive force under the Fourth Amendment when he used closed-fist strikes (punches) on a suspect who was actively resisting officer’s efforts to place him in handcuffs.  The relevant facts of Baker, taken directly from the case, are as follows: Officer Clements initiated the traffic stop after observing Plaintiff driving a car at night with no tag light illuminating the license plate and with cracks in each tail light. The encounter between Plaintiff and Defendant Officers [...]

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

VEHICLE CONSENT SEARCHES – PART TWO: ELEVENTH CIRCUIT HOLDS QUESTIONS UNRELATED TO TRAFFIC STOP ASKED AFTER STOP COMPLETED WERE PART OF A CONSENSUAL ENCOUNTER

On January 14, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Triana[i], in which the court examined whether an officer impermissibly prolonged a traffic stop when he asked questions unrelated to the stop after returning all of driver’s documents and issuing a warning citation. The relevant facts of Triana, taken directly from the case, are as follows: On October 21, 2014, Georgia State Patrol Sergeant Dwayne Massey pulled over a truck travelling northbound on I-75 in Turner County, Georgia because it had a tinted license plate cover. A tinted cover violates Georgia law, which requires license [...]

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

VEHICLE CONSENT SEARCHES – PART ONE: ELEVENTH CIRCUIT HOLDS QUESTIONS UNRELATED TO TRAFFIC STOP UNREASONABLY PROLONGED STOP

United States v. Campbell, No. 16-10128 (11th Cir. January 8, 2019) Held:  A stop is unlawfully prolonged when an officer, without reasonable suspicion, diverts from the stop's purpose and adds time to the stop in order to investigate other crimes. The case and holding above is important as it will change the methods by which law enforcement officers conduct traffic stops when they wish to seek consent to search a vehicle. The relevant facts of Campbell, taken directly from the case, are as follows: At about 9:00 pm on a brisk night in December 2013, Deputy Sheriff Robert McCannon was [...]

By |August 20th, 2019|Categories: Legal updates|

EIGHTH CIRCUIT DISCUSSES FALSE ARREST, EXCESSIVE FORCE AND DENIAL OF MEDICAL TREATMENT

On January 4, 2019, the Eighth Circuit Court of Appeals decided Awnings v. Fullerton et al.[i], which serves as an excellent review of Constitutional law pertaining to false arrest, excessive force and denial of medical treatment. The relevant facts of Awnings are as follows: On an early morning in July 2013, Officers Fullerton and Duncan of the LPD encountered Damien Wilkins on a sidewalk in Lincoln. The officers questioned Wilkins about his possible involvement with criminal activity. Awnings, Wilkins's companion, inserted himself into the conversation and began asking the officers why they were questioning Wilkins. Officer Fullerton informed Awnings that [...]

By |August 13th, 2019|Categories: Legal updates|

NINTH CIRCUIT UPHOLDS FEDERAL LAW PROHIBITING UNLAWFUL ALIENS FROM POSSESSING FIREARMS

On January 8, 2019, the Ninth Circuit Court of Appeals decided the United States v. Torres[i], in which the court examined whether the federal statute that prohibits unlawful aliens from possessing firearms violated the Second Amendment. The relevant facts of Torres are as follows: Torres was born in Mexico in 1985. Approximately four years later, he, his younger sister, and his mother moved to San Jose, California, to join Torres's father, who had entered the United States a year earlier. Nothing in the record suggests that either of Torres's parents ever had an immigration status through which Torres could qualify [...]

By |August 6th, 2019|Categories: Legal updates|