ENTRY INTO RESIDENCES AND PROTECTIVE SWEEPS
On October 27, 2020, the Court of Appeals of Georgia decided Edwards v. State[i], in which the court examined whether officers violated the Fourth Amendment when they entered without consent and without a warrant. The relevant facts of Edwards, taken directly from the case, are as follows: The evidence shows that officers from the Rome Police Department (“RPD”) responded to a report that Devion Tremaine Neal had pulled a gun on his child's mother. Neal was not at the scene when the officers arrived, but the victim told police that Neal likely would be at his apartment or at Edwards' [...]
ELEVENTH CIRCUIT: PASSENGER IN VEHICLE HAD NO STANDING TO CONTEST SEARCH
On November 6, 2020, the Eleventh Circuit Court of Appeals decided the United States v. Lancon[i], in which the court examined whether a passenger in a vehicle had a reasonable expectation of privacy such that she had standing to contest a warrantless search of the vehicle. The facts of Lancon are as follows: On or about January 15, 2019, Saraland Police Officer Austin Sullivan ("Officer Sullivan") saw a tractor with no trailer travelling northbound on Interstate 65. The exterior of the truck was very clean and freshly painted; however, there was "ghosting" on the side of the tractor where two [...]
ELEVENTH CIRCUIT DISCUSSES ANONYMOUS TIPS AND REASONABLE SUSPICION
On October 8, 2020, the Eleventh Circuit Court of Appeals decided the United States v. Bruce[i], in which the court examined whether officers had reasonable suspicion to detain a person based upon an anonymous tip. The relevant facts of Bruce, taken directly from the case, are as follows: The recorded 911 call came in a little after 3:00 a.m. An unnamed man said that he saw a "disturbance" in the front yard of a "drug house"—and that one of the men involved had a gun. When the 911 operator asked what was happening "as we speak right now," the caller replied [...]
SIXTH CIRCUIT DISMISSED EXCESSIVE FORCE SUIT AGAINST THREE DEPUTIES WHERE PLAINTIFF COULD NOT IDENTIFY THE DEPUTY THAT USED THE FORCE
On October 2, 2020, the Sixth Circuit Court of Appeals decided Pineda v. Hamilton Cty.[i], in which the court examined whether a suit for excessive force could proceed against three deputies where the plaintiff was unable to identify which deputy allegedly struck him in the head with a baton. The relevant facts of Pineda, taken directly from the case, are as follows: Around 11:00 p.m. on November 9, 2013, Pineda and his wife attended "Hispanic Night" at the Inner Circle Nightclub in Cincinnati, Ohio. This nightclub relied on private bouncers for security in the establishment. But it contracted with the [...]
ELEVENTH CIRCUIT DISCUSSES REASONABLE SUSPICION AND FLIGHT
On October 14, 2020, the Eleventh Circuit Court of Appeals decided the United States v. James[i], in which the court examined whether officers had reasonable suspicion to detain a person that dropped his bike and fled on foot as police approached. The relevant facts of James, taken directly from the case, are as follows: In May 2018, James and another man were sitting on bicycles with no lights in the middle of a dark street in a "high crime area" of Savannah, Georgia. Police officers in an unmarked van patrolling the high crime area saw that James and the other [...]
EIGHTH CIRCUIT UPHOLDS IMMUNITY FOR OFFICER WHO SHOT UNARMED SUSPECT IN THE BACK
On October 15, 2020, the Eighth Circuit Court of Appeals decided Goffin v. Ashcraft[i], in which the court examined whether an officer who shot a fleeing suspect in the back was entitled to qualified immunity. The relevant facts of Goffin, taken directly from the case, are as follows: In September 2012, Goffin's uncle, Tommy Reddick, reported to Officer Ashcraft and Officer Aaron Hines that his home had been burgled—and he suspected Goffin was responsible for stealing two handguns, a box of bullets, and a bottle of painkillers. Reddick told the officers that earlier that day Goffin came to his house [...]