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

EIGHTH CIRCUIT UPHOLDS TWO FRISKS OF ONE PERSON

On December 27, 2019, the Eighth Circuit Court of Appeals decided the United States v. Green[i], which serves as an excellent review of the law related to traffic stops and frisks.  The facts of Green, taken directly from the case, are as follows: At approximately 1:00 a.m. on January 13, 2018, Jordan Ehlers, a police officer in Waterloo, Iowa, observed a black Nissan Rogue SUV that, based on his visual estimation, was speeding. Ehlers ran a search of the license plate number on the SUV, which returned a record for a different vehicle. While following the vehicle, he also noticed [...]

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

FIFTH CIRCUIT HELD WALKING AWAY MAY CONSTITUTE “FLIGHT” FOR DEVELOPING REASONABLE SUSPICION

On December 23, 2019, the Fifth Circuit Court of Appeals decided the United States v. Darrell[i], in which the court discussed whether walking away from officers, who are at a residence known for drug activity for the purpose of serving an arrest warrant, constitutes “flight” when determining whether there was sufficient reasonable suspicion to detain a person.  The facts of Darrell, taken directly from the case, are as follows: On September 3, 2017, Alcorn County Sheriff's Deputy Shane Latch and Farmington Police Department Officer Mike Billingsley drove to a home in Corinth, Mississippi. They intended to serve an arrest warrant [...]

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

FOURTH CIRCUIT DISCUSSES CONSENSUAL ENCOUNTERS AND INVESTIGATIVE DETENTIONS

On December 26, 2019, the Fourth Circuit Court of Appeals decided the United States v. Lewis[i], which serves as an excellent review of the law related to consensual encounters and investigative detentions.  The facts of Lewis, taken directly from the case, are as follows: While leaving a staff meeting on the morning of June 12, 2017, Sergeant Matthew Townsend ("Sergeant Townsend") of the Dillon, South Carolina police department overheard coworkers discussing an arrest warrant charging assault that had recently been issued for someone with the last name of "Lewis." Later that day, Sergeant Townsend was filling his patrol car's gas [...]

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

ELEVENTH CIRCUIT DISCUSSES DENIES IMMUNITY IN ARREST OF PROTESTOR

On December 26, 2019, the Eleventh Circuit Court of Appeals decided Toole v. City of Atlanta et al.[i], in which the court examined whether an officer was entitled to qualified immunity for the arrest of a protestor.  The relevant facts of Toole, taken directly from the case, are as follows: Toole was involved in a protest march through the streets of downtown Atlanta following a grand jury's decision not to indict the officer involved in the shooting of Michael Brown in Ferguson, Missouri. The Atlanta Police Department (APD) used a "leapfrogging" technique to block off the protesters' route, which involved [...]

By |November 3rd, 2020|Categories: Legal updates|

FIFTH CIRCUIT UPHOLDS QUALIFIED IMMUNITY FOR OFFICER IN SCHOOL ARREST AND USE OF FORCE

On November 14, 2019, the Fifth Circuit Court of Appeals decided Defrates v Podany[i], in which the court examined whether an officer was entitled to qualified immunity for an arrest of a parent and use of force against a parent at a school function.  The relevant facts of Defrates, taken directly from the case, are as follows: On May 16, 2015, Podany, an off-duty police officer, arrested Defrates for criminal trespass and resisting arrest at an off-campus school event put on by Village Tech Schools. But there is more to this story than just the events of that day. About [...]

By |October 27th, 2020|Categories: Legal updates|

SEVENTH CIRCUIT HOLDS NO FOURTH AMENDMENT LIABILITY WHEN NOT ACTING UNDER COLOR OF LAW

On November 26, 2019, the Seventh Circuit Court of Appeals decided Barnes v. City of Centralia et al.[i], in which the court examined whether an officer was liable when he reported threats he received to the police, as would any private citizen.  The relevant facts of Barnes, taken directly from the case, are as follows: A gang named the "Rude Boyz" is well known in the City of Centralia in downstate Illinois. Two of its members threatened a twelve-year-old boy who witnessed a gang-related shooting in a park. The threats were investigated by Peebles, who over the years has arrested [...]

By |October 19th, 2020|Categories: Legal updates|

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