By Jack Ryan, Attorney, Co-Director LLRMI In the last two sessions of the United States Supreme Court, there have been no cases directly impacting criminal procedure for law enforcement.  Thus, there have been no substantive changes directing law enforcement to operate differently in investigations, search and seizure, questioning, or use of force.  When cases impacting operations are decided, LLRMI immediately reports on those cases. This article is a summary of the cases this term that touches upon law enforcement while not changing daily operations. Person May Have Claim For Malicious Prosecution/Unlawful Seizure Even When Their Arrest Is Supported By Probable [...]

On April 4, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Hollingsworth[i], which is instructive regarding the legal standard to effect an involuntary mental health committal.  The relevant facts of Hollingsworth are as follows: On April 5, 2021, Hollingsworth made a 911 call. Claiming an "emergency," he told the dispatcher to relay a message to Marion County Sheriff Billy Woods for Woods's role in a 2013 incident involving Hollingsworth. The gist of the message was that, when "God can put [him] in a position to do it," Hollingsworth was "going to unload a whole fucking clip [...]

On April 10, 2023, the Seventh Circuit Court of Appeals decided Berger v. Wood Cnty.[i], which serves as excellent review of the law related false arrest and consent to search under the Fourth Amendment.  The relevant facts of Berger are as follows: In May 2020, Wood County sheriff's deputies responded to a 911 call from Berger's then-girlfriend, who told them that she and her son were hiding outside after Berger, who was armed with a gun, had threatened to harm two of her acquaintances in a nearby town. She also stated that Berger had threatened her and her son. Law enforcement [...]

On April 5, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Williams[i], which serves as excellent review of the law related to handcuffing a driver during a traffic stop.  The relevant facts of Williams are as follows: Pablo Enriquez and Jason Otis, both deputies with the Hillsborough County Sheriff's Office (the "HCSO") Street Crimes Unit at the time of Williams's arrest, testified for the Government. Williams's attorney did not put on any witnesses. Below are the events of Williams's traffic stop, detention, arrest, and search, as articulated in the deputies' testimony. The goal of the HCSO's [...]

On April 7, 2023, the Eleventh Circuit Court of Appeals decided Lucibella v. Town of Ocean Ridge[i], which serves as excellent review of the law related to the curtilage of residence and it’s extent of Fourth Amendment protection.  The relevant facts of Lucibella are as follows: On October 22, 2016, Lucibella and Steven Wohlfiel, an offduty lieutenant for the Ocean Ridge Police Department, met at Lucibella's house to socialize. After attending a cocktail party at a neighbor's house, Lucibella and Wohlfiel returned to Lucibella's house and sat on Lucibella's backyard patio with alcoholic beverages. While sitting and discussing "family issues," Wohlfiel [...]

On February 17, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Russell[i], which serves as an excellent review of the law pertaining to traffic stops, the Fourth Amendment and inevitable discovery.  The relevant facts of Friend are as follows: One evening in August 2018, Montgomery police officers Anphernee Canty and Luke Carey were patrolling near the Ann Street interstate exit, "riding around, looking for crime, looking for things that might be suspicious," and found themselves driving behind a 2004 Mercury Grand Marquis. Doc. 41 at 36.  While driving behind the car, Officer Canty asked his partner [...]