On February 18, 2021, the Eighth Circuit Court of Appeals decided the United States v. Moreno[i], which serves as an excellent review regarding the law related to frisks.  The facts of Moreno are as follows: On September 13, 2018, several plain-clothes officers with Nebraska State Patrol were conducting drug surveillance at the Trailways bus station in Omaha. Trooper Brandon Wilkie was working alongside Sergeant Thomas Meola, a supervisor with the Drug Enforcement Agency Task Force in Omaha who has received counter-terrorism training. At approximately 6:00 a.m., the officers noticed a new, black hard-side suitcase on the curb, along with other pieces [...]

On February 18, 2021, the Seventh Circuit Court of Appeals decided the United States v. Reedy[i], which serves as an excellent review regarding reasonable suspicion and prolonged Terry stops.  The facts of Reedy are as follows: Everything began with the Eau Claire police responding on a Friday morning to a call from a Goodwill employee reporting that a homeless person appeared to be living in a white SUV parked behind the store. Officer Todd Johnson arrived first around 8:30 a.m. and saw a beat-up, white Kia SUV matching the caller's description. Upon approaching the car, Officer Johnson saw Joshua Reedy in [...]

On February 24, 2021, the Tenth Circuit Court of Appeals decided the United States v. Jones[i], which serves as an excellent review regarding the law related to entry into private premises to execute an arrest warrant.  The facts of Jones are as follows: On August 21, 2018, Rick Stevens, a bail bondsman, notified Woodward County Sheriff's Deputy Caleb Merriman that defendant Scott Allen Jones was living in a shop located at 3415 Eighth Street, Woodward, Oklahoma, and was presently there. There were two outstanding arrest warrants for Mr. Jones, one for failing to appear at a hearing on a charge [...]

On January 11, 2021, the Supreme Court of Georgia decided Harper v. State[i], which serves as an excellent review of the law related to non-custodial and custodial interviews of criminal suspects. In Harper, a 20-year-old woman, Thandiwe Hunt was reported as a missing person.  Harper was Hunt’s boyfriend.  On February 2, 2011, a postal worker discovered a suspicious object in a wooded lot, and called the police.  The police opened the bag and discovered a naked, deceased woman, later identified as Hunt.  During the investigation, the police learned that Harper had been Hunt’s boyfriend.  According to Hunt’s mother, she wanted [...]

On November 24, 2020, the Court of Appeals of Georgia decided the State v. Loechinger[i], which serves as an excellent review of the law related to inventory searches of vehicle. The facts of Loechinger, taken directly from the case, are as follows: So viewed, the evidence presented at the hearing on Loechinger's motion to suppress shows that on May 31, 2019, Officer Sheppard, an officer with the Dekalb County Police Department, was traveling south on Interstate 285 and “running tags” on the National Crime Information Center and the Georgia Crime Information Center databases when he discovered a vehicle registered to [...]

Pre-Trial Detainees have Due Process Right to Adequate Safety Checks Video Monitoring is Insufficient-Direct View Safety Checks Required The United States Court of Appeals for the 9th Circuit sent a clear message to jails with respect to the manner in which safety checks must be conducted. The court outlined the facts in Gordon v. Orange County[i] as follows: On September 8, 2013, Gordon was arrested by the Placentia Police Department on heroin-related charges and booked into the Orange County Central Men's Jail. During his intake at approximately 6:47 p.m. that day, Gordon informed defendant Debbie Finley, a registered nurse, of [...]