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

LANDLORD TENANT DISPUTES RESULTED IN SUIT AGAINST OFFICERS, COURT FINDS FOR OFFICERS

On March 4, 2020, the Eleventh Circuit Court of Appeals decided Moore v. Gwinnett County et al.[i], in which the court of appeals examined whether officers violated the Fourth Amendment when they arrested a landlord at the scene of a landlord/tenant dispute. The relevant facts of Moore, taken directly from the case, are as follows: Moore rented a home in Gwinnett County and her lease allowed her to sublet rooms to others. The two incidents giving rise to this suit involve disputes between Moore and sublessees when police officers were called to intervene. A. The First Incident (2014) During the [...]

By |March 3rd, 2021|Categories: Legal updates|

ELEVENTH CIRCUIT UPHOLDS STOP OF FRISK OF PERSON IN AREA OF PROWLER CALL

On March 17, 2020, the Eleventh Circuit Court of Appeals decided the United States v. Hardy[i], which serves as an excellent review of the law related to stop and frisk. The relevant facts of Hardy, taken directly from the case, are as follows: At around 1:21 a.m. on Wednesday, November 8, 2017, a resident of the Spring Valley neighborhood in Montgomery, Alabama, called 911 to report that she could hear someone outside her home. The caller reported that she had heard the same noises the previous two nights, but she did not look outside and so was unable to provide [...]

By |March 2nd, 2021|Categories: Legal updates|

CONSENT SEARCHES OF RESIDENCES

On February 24, 2020, the Court of Appeals of Georgia decided Montgomery v. State[i], which serves as an excellent review regarding the law related to consent searches of residences.  The relevant facts of Montgomery, taken directly from the case, are as follows: [T]he evidence shows that Montgomery has multiple prior felony drug convictions, including sale of cocaine in 1992 and 1993, multiple counts of sale of cocaine and other offenses in 1999, and possession of cocaine with intent to distribute and sale of marijuana in 2010. In 2017, while Montgomery was on parole and probation, police received multiple complaints and [...]

By |February 23rd, 2021|Categories: Legal updates|

COURTESY RIDES AND THE FOURTH AMENDMENT

On February 20, 2020, the Fifth Circuit Court of Appeals decided Keller v. Fleming [i], in which the court examined whether a deputy violated the Fourth and Fourteenth Amendment in giving a man a “courtesy ride” when the man was subsequently struck and killed by a motorist after being released at the county line.  The relevant facts of Keller, taken directly from the case, are as follows: On January 26, 2015, Gerald Simpson, a mentally infirmed man, was walking in the middle of Highway 12 in Kosciusko, Mississippi.2 Around 5:00 p.m., an individual witnessed Simpson walking and contacted the authorities. [...]

By |February 15th, 2021|Categories: Legal updates|

GEORGIA COURT OF APPEALS DISCUSSES HOME ENTRY BY CONSENT AND PROBATION CONDITIONS

On February 10, 2020, the Court of Appeals of Georgia decided Little v. State [i], which serves as an excellent review of the law related to consent to enter private premises and non-consensual entry based upon conditions of probation.  The relevant facts of Little, taken directly from the case, are as follows: [T]he record shows that in 2008, Little pled guilty in Catoosa County to several controlled substance offenses and possession of a firearm by a convicted felon, and the trial court imposed a total sentence of five years in prison, to be followed by fifteen years on probation. In [...]

By |February 10th, 2021|Categories: Legal updates|

SECOND CIRCUIT UPHOLDS OFFICER’S SEARCH OF LOST CELL PHONE TO FIND OWNER INFORMATION

On February 12, 2020, the Second Circuit Court of Appeals decided the United States v. Stacy[i], in which serves as an excellent review related to searches of lost phones for the purpose of locating the owner.  The relevant facts of Stacy, taken directly from the case, are as follows: On September 11, 2017, in Norwich, New York, a woman saw a man on a motorized bicycle drop a cellphone. She picked it up and turned it over to Police Officer Alicia Woodard. Based on Woodard's testimony at the suppression hearing, the district court determined that as soon as Woodard accessed [...]

By |February 2nd, 2021|Categories: Legal updates|

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