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

SEVENTH CIRCUIT HOLDS NO REASONABLE EXPECTATION OF PRIVACY IN TRESPASSER’S BACKPACK

On July 9, 2019, the Seventh Circuit Court of Appeals decided the United States v. Sawyer[i], in which the court examined whether a trespasser in residence has reasonable expectation of privacy in his belongings that he leaves inside the residence.   The relevant facts of Sawyer, taken directly from the case, are as follows: On July 26, 2016, Chicago police officers responded to a report of a residential burglary in progress. After they approached the home and looked for signs of a forced entry, someone named M.G. arrived, and told the officers that he and his wife owned the home. He [...]

By |March 9th, 2020|Categories: Legal updates|

SIXTH CIRCUIT GRANTS IMMUNITY FOR OFFICER WHO USED AN OVERLY SUGGESTIVE PHOTO IDENTIFICATION

On July 22, 2019, the Sixth Circuit Court of Appeals decided Shull v. Walgreen Company et al.[i], in which the court examined whether an officer was entitled to qualified immunity from liability when he was sued for violating the plaintiff’s rights under the Fourteenth Amendment for using an impermissibly suggestive photographic identification procedure.   The relevant facts of Shull, taken directly from the case, are as follows: On January 16, 2015, VanRuden was called to Walgreens in Crossville to answer a shoplifting complaint. He was informed that the shoplifter was a short, thin, white woman with dark hair, wearing black pants [...]

By |March 2nd, 2020|Categories: Legal updates|

EIGHTH CIRCUIT GRANTS QUALIFIED IMMUNITY TO PAROLE OFFICER FOR KNOCK AND ANNOUNCE VIOLATION

On June 20, 2019, the Eighth Circuit Court of Appeals decided Lane v. Nading et al.[i], in which the court examined whether a parole officer was entitled to qualified immunity from suit when he entered Lane’s motel room, without a warrant and without knocking and announcing, and arrested Lane.   The relevant facts of Lane, taken directly from the case, are as follows: Lane was on parole in Arkansas in January 2015. As part of his conditions of release from the Arkansas Department of Corrections, Lane consented to warrantless searches and seizures of his "person, place of residence, and motor vehicles." [...]

By |February 24th, 2020|Categories: Legal updates|

GEORGIA COURT OF APPEALS UPHOLDS ADMINISTRATIVE SEARCH AT PROBATION OFFICE BUILDING

On June 4, 2019, the Court of Appeals of Georgia decided Day v. State[i] which serves as an excellent review of the law regarding administrative or special needs searches.  The facts of Day, taken directly from the case, are as follows: [T]he evidences presented at the suppression hearing shows that Day was on felony probation at the time of the search and had reported to a Georgia Department of Community Supervision (GDCS) facility for intake and a probation appointment. Upon entering the facility, Day was instructed to walk through a metal detector and to place her personal belongings onto a [...]

By |February 17th, 2020|Categories: Legal updates|

EIGHTH CIRCUIT HOLDS COMPANION OF MICHAEL BROWN WAS NOT SEIZED UNDER THE FOURTH AMENDMENT

On June 17, 2019, the Eighth Circuit Court of Appeals decided Johnson v. City of Ferguson[i], in which the court examined whether Dorian Johnson, the companion of Michael Brown, was seized during the nationally known shooting incident involving Brown. The facts of the case, as stated below, are the facts as alleged by the Johnson, the plaintiff in this case.  At this stage of the litigation, the motions for summary judgment and qualified immunity, the court is generally required to accept the plaintiff’s version of events.  As such, the facts, as stated by the plaintiff, are as follows: As alleged [...]

By |February 11th, 2020|Categories: Legal updates|

THE FIRST AMENDMENT AND PROFANITY DIRECTED AT POLICE

On June 3, 2019, the Eighth Circuit Court of Appeals decided Thurairajah v. City of Fort Smith[i], in which the court examined whether an officer violated the First and Fourth Amendments when he arrested a man that yelled profanity as he drove by an officer who was engaged in a traffic stop.   The relevant facts of Thurairajah, taken directly from the case, are as follows: In 2015, Trooper Cross was performing a routine traffic stop on a van pulled to the shoulder of a busy five-lane highway in Fort Smith, Arkansas. From 50 feet away, Trooper Cross heard Thurairajah, who [...]

By |February 4th, 2020|Categories: Legal updates|