GEORGIA COURT OF APPEALS DISCUSSES CONSENT SEARCH OF AUTOMOBILES
On June 29, 2021, the Court of Appeals of Georgia decided the Hill v. State[i], which is instructive regarding the law related to consent searches of automobiles. The relevant facts of Hill are as follows: Viewed in this light, the evidence at the suppression hearing, shows that in October 2017, Corporal Colt Young, a sheriff's deputy, was on patrol when he observed Hill driving a black 2004 Acura at an excessive speed, clocking Hill on his police radar at 87 miles per hour in a 55 mile per hour zone. Young performed a u-turn, activated his emergency lights, and pursued [...]
NEGOTIATOR WELLNESS AND RESILIENCY
As the field of crisis/hostage negation has advanced over almost five decades from its inception by the NYPD in 1973 until present, many things have remained the same; however, many concepts have developed and advanced in this field. As negotiators learn and develop the old tried and true tactics and learn new ones developed through research, statistics, and advancements in psychology, there is still one area that many of even the most well-trained and experienced negotiators are unaware and unfamiliar with. This often unknown and un-trained skill is in negotiator wellness and resilience. It is understandable that the concept of [...]
EIGHTH CIRCUIT DISCUSSES THE LAW RELATED TO PROTECTIVE SWEEPS OF RESIDENCES
On July 26, 2021, the Eighth Circuit Court of Appeals decided the United States v. Thompson[i], which serves as an excellent review of the law related to protective sweeps of residences. The relevant facts of Thompson are as follows: Tyreese Thompson, a convicted felon, was suspected of being involved in a gunfight in 2014 and stealing guns from a pawn shop in 2016. At the time of the 2016 burglary, Thompson was also the subject of a felony arrest warrant for a separate robbery. A confidential informant told the ATF that Thompson was at a house in Kansas City, Missouri that [...]
EIGHTH CIRCUIT DISCUSSES EXIGENT HOME ENTRY AT A DOMESTIC DISPUTE
On July 16, 2021, the Eighth Circuit Court of Appeals decided the United States v. Sanders[i], which serves as an excellent review of the law related to exigent home entry at a domestic dispute. The relevant facts of Sanders are as follows: On February 16, 2018, just before 10:00 a.m., N.R. contacted her grandmother and said that her mother, Karina LaFrancois, and her mother's boyfriend, "Kenny" Sanders, were "fighting really bad" and that "they need[ed] someone to come." N.R. was eleven years old at the time. N.R.'s grandmother called 911 and relayed to the operator that she had been told an [...]
EIGHTH CIRCUIT DISCUSSES CONSENSUAL ENCOUNTERS AND INVESTIGATIVE DETENTIONS
On July 29, 2021, the Eighth Circuit Court of Appeals decided the United States v. Lillich[i], which serves as an excellent review of the law related to consensual encounters and investigative detentions. The relevant facts of Lillich are as follows: In the early morning of February 3, 2019, two officers from the Woodbury County Sheriff's Office—Deputy Michael Lenz and a reserve deputy—were patrolling the small town of Sloan, Iowa, due to break-ins the night before at a church and a school. At around 2:00 a.m., while driving past a car wash, they noticed a car in a car wash bay [...]
SUPREME COURT UPDATE: LANGE v CALIFORNIA – HOT PURSUIT OF A FLEEING MISDEMEANOR SUSPECT DOES NOT ALWAYS JUSTIFY A WARRANTLESS ENTRY INTO A HOME
On June 23, 2021, the Supreme Court of the United States decided Lange v. California.[i] The issue before the court was whether the pursuit of a fleeing misdemeanor suspect categorically allowed the police to enter the suspect’s residence without a warrant. The relevant facts of Lange, taken directly from the case, are as follows: This case began when petitioner Arthur Lange drove past a California highway patrol officer in Sonoma. Lange, it is fair to say, was asking for attention: He was listening to loud music with his windows down and repeatedly honking his horn. The officer began to tail [...]