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

SEVENTH CIRCUIT – FRONT PORCH RECEIVES THE SAME FOURTH AMENDMENT PROTECTION AS INSIDE THE HOME

On February 13, 2023, the Seventh Circuit Court of Appeals decided the United States v. Banks[i], which serves as excellent review of the law related curtilage, the home and the Fourth Amendment.  The relevant facts of Banks are as follows: Jeremy Banks posted the video of the gun within arm's reach on the evening of April 8, 2021. Colton Redding, a Springfield police officer, saw the post, recognized Banks's voice, and knew him to be a convicted felon. Officer Redding gathered a group of colleagues and, within minutes of seeing the video, headed to Banks's home. Upon arriving the officers [...]

By |April 30th, 2024|Categories: Legal updates|

NINTH CIRCUIT: OFFICERS CANNOT DETAIN AND HANDCUFF A PERSON FOR THE PURPOSE OF ISSUING A CRIMINAL TRESPASS WARNING

Officers are often asked to witness private property owners, store managers, or security personnel as they issue criminal trespass warnings to people who have violated a rule of the business.  While it’s fine for officers to do this, they should be mindful that constitutional requirements still apply to the officer’s actions during the issuance of the criminal trespass warning. This was illustrated in McCall v. Jacobitz[i], in which the Ninth Circuit Court of Appeal examined whether officers were entitled to qualified immunity when they kept a man detained in handcuffs after they determined he had not committed a crime, so [...]

By |April 23rd, 2024|Categories: Legal updates|

OFFICER AND CITY SUED FOR FORCING DRIVER TO STOP LIVESTREAMING TRAFFIC STOP

On February 7, 2023, the Fourth Circuit Court of Appeals decided Sharpe v. Winterville Police Dep’t[i], in which the court examined whether the police violate the First Amendment when they stop a person from livestreaming video of a traffic stop.  The relevant facts of Sharpe are as follows: Officer Myers Helms of the Winterville Police Department tried to stop passenger Dijon Sharpe from livestreaming his own traffic stop. Sharpe started streaming to Facebook Live shortly after the car he was riding in was pulled over. Officer Helms noticed this activity and attempted to take Sharpe's phone, reaching through Sharpe's open car [...]

By |April 16th, 2024|Categories: Legal updates|

FIFTH CIRCUIT: TASING DRIVER SECONDS AFTER DANGEROUS, HIGH SPEED CHASE REASONABLE UNDER THE FOURTH AMENDMENT

On June 14, 2022, the Fifth Circuit Court of Appeals decided Salazar v. Molina[i], in which the court examined whether a deputy, who had just been involved in a high-speed vehicle pursuit with Salazar, used excessive force in violation of the Fourth Amendment, when he Tased Salazar, who, after he stopped his car, exited the vehicle on his own accord and laid down on the ground.  The relevant facts of Salazar are as follows: Around 2:00 a.m. on March 1, 2014, a Zapata County sheriff's deputy tried to pull over Juan Carlos Salazar for speeding. Instead of stopping, Salazar accelerated [...]

By |April 9th, 2024|Categories: Legal updates|

DC CIRCUIT AFFIRMS QUALIFIED IMMUNITY FOR UNWARNED TACKLE

On January 27, 2023, the District of Columbia Circuit Court of Appeals decided Kelly v. Gaton[i], in which the court examined whether an officer was entitled to qualified immunity from suit, when he tackled a woman, without warning, whom he had just witnessed hit another woman in the face.  The relevant facts of Kelly are as follows: On June 28, 2018, Officer Gaton was en route to respond to an unrelated domestic disturbance call when he observed Latarsha Kelly and her neighbor, Kiana Sims, arguing outside of their apartment building. As Officer Gaton walked toward the women, he saw Kelly hit [...]

By |April 1st, 2024|Categories: Legal updates|

ELEVENTH CIRCUIT EXAMINES JUSTIFICATION FOR STOP AND SEARCH IN DRUG INVESTIGATIONS

On January 30, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Howard[i], which serves as an excellent review of the law related to drug investigations.  The relevant facts of Howard are as follows: On October 11, 2016, deputies from the narcotics division of the Thomas County Sheriff's Office received a tip from a confidential informant that a young African American male with dreadlocks and driving a blue Buick would be delivering methamphetamine that afternoon near 2050 Church Street in Meigs, Georgia. Agent Keith Newman established surveillance from a nearby street, and other agents observed the surrounding [...]

By |March 25th, 2024|Categories: Legal updates|

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