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

ELEVENTH CIRCUIT UPHOLDS NON-VERBAL CONSENT TO ENTER RESIDENCE

On January 3, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Barr[i], which serves as an excellent review of the law related to consent to enter private premises.  The relevant facts of Barr, taken directly from the case, are as follows: In the summer of 2017, Barr was living under an alias with his girlfriend, Nadya Diaz. The two lived on a thirty-acre farm that included pastureland, several barns, and a shooting range. Whit-field County Sheriff's Office Sergeant Wes Gibson had worked a side job tending to Barr's horses, and he knew Barr by the name [...]

By |March 18th, 2024|Categories: Legal updates|

OFFICER SUED FOR FALSE ARREST AFTER DUI TEST RETURNS NEGATIVE FOR ALCOHOL AND DRUGS

On December 29, 2022, the Seventh Circuit Court of Appeals decided the Braun v. Vill. of Palatine[i], which serves as instructive regarding the liability for false arrest after a breath and blood test return negative for alcohol and drugs.  The relevant facts of Braun, taken directly from the case, are as follows: In September 2017 Braun was living in Chicago and working as an overnight pharmacist in suburban Cook County. He has a complicated medical history, including traumatic brain injury, seizures, anxiety, depression, and attention-deficit/hyperactivity disorder. After completing his seventh consecutive ten-hour overnight shift on September 11, Braun felt ill [...]

By |March 12th, 2024|Categories: Legal updates|

OFFICERS SUED FOR ARRESTING WRONG PERSON FOR A SHOOTING

On December 28, 2022, the Eleventh Circuit Court of Appeals decided the Griffin v. Ventriere[i], which serves as an excellent review of the law related to false arrest and malicious prosecution.  The relevant facts of Griffin, taken directly from the case, are as follows: Trevor Glover reported to the Orange County Sheriff's Office that two men fired handguns at him as he walked towards his apartment building on April 27, 2016. Ventriere responded to the scene and corroborated Glover's story. At the scene, Glover advised Officer Robert Fischer that "he has never met or saw either of the men who attacked [...]

By |March 5th, 2024|Categories: Legal updates|

TENTH CIRCUIT UPHOLDS OFFICERS DECISION TO EXTEND THE LENGTH OF A TERRY STOP

On December 20, 2022, the Tenth Circuit Court of Appeals decided the United States v. Samilton[i], which serves as an excellent review of the law related to the initiation and extended duration of Terry stops.  The relevant facts of Samilton, taken directly from the case, are as follows: I. BACKGROUND A. Factual History On September 13, 2020, the Oklahoma City Police Department received a 911 call from a Rodeway Inn hotel clerk. The clerk said a four-door, dark-colored car had been in the parking lot for several hours, and a Black female driver and a white, bearded male passenger were [...]

By |February 27th, 2024|Categories: Legal updates|

THE SCOPE OF A TRAFFIC STOP AND CONSENT TO SEARCH

On December 22, 2022, the Eighth Circuit Court of Appeals decided the United States v. Robles[i], which serves as instructive regarding the scope of a traffic stop and consent to search.  The relevant facts of Robles, taken directly from the case, are as follows: On June 20, 2019, Trooper Meeks stopped a maroon Nissan pickup truck that had crossed over the fog line. As he approached the vehicle, he observed a box in the back seat covered by a blanket. Trooper Meeks requested Robles' license and had her exit the vehicle. Robles was placed in Trooper Meeks' patrol vehicle where she [...]

By |February 20th, 2024|Categories: Legal updates|

K9 FREE AIR SNIFFS AND THE SCOPE OF A TRAFFIC STOP

On October 13, 2022, the Court of Appeals of Georgia decided the State v. Fish[i], which serves as instructive regarding the scope of a traffic stop and the use of a police K9 to conduct a free air sniff of the vehicle.  The relevant facts of Fish, taken directly from the case, are as follows: On September 19, 2020, City of Acworth police officer Brandon Greene was in a marked patrol car across from a gas station at the intersection of Ross Road and Highway 92 inside the City of Acworth, in Cobb County. Greene was conducting surveillance at the [...]

By |February 14th, 2024|Categories: Legal updates|

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