On September 29, 2020, the Eleventh Circuit Court of Appeals decided Cooper v. Rutehrford[i], in which the court examined whether a sheriff, in his official capacity, was entitled to summary judgment from an excessive force lawsuit for failure to train his deputies.  In Cooper, Joann Cooper and her children were in their car in the drive-through lane of a Wendy's restaurant in Jacksonville when a bank robbery suspect, with gun in hand, forced his way into the car. During an ensuing shootout, Jacksonville police officers fired dozens of shots at the car, and Ms. Cooper and her son were both [...]

On September 14, 2021, the Eleventh Circuit Court of Appeals decided Babcock v. Olson[i], which serves as an excellent review of constitutional law as it pertains to exigent entry into private premises.  The relevant facts of Babcock are as follows: On November 1, 2016, at 8:47 a.m., the Martin County Sheriff's Office dispatch received a call from an anonymous third party reporting a possible domestic disturbance. The call details were then radioed in, stating that the disturbance "sound[ed] like a full on fight in backyard." Id. Plaintiff also attaches a copy of the call details from the incident to his Amended Complaint, [...]

On August 10, 2020, the Supreme Court of Georgia decided Young v. State[i], which serves as an excellent example of the application of a suspect’s right to an attorney and right to remain silent under Miranda. In Young, a pizza delivery driver was shot and killed during an armed robbery.  The police developed suspects in the murder and executed search warrant at a residence where the suspects resided.  Young and two accomplices, Buckley and Lofton, were taken to the police station to be interviewed.  The relevant facts of Young related to the statements that he made to the detectives are [...]

On August 19, 2020, the Fourth Circuit Court of Appeals decided the United States v. Beasley[i], in which the court examined whether a person who disclaimed ownership of a vehicle has a reasonable expectation of privacy in that vehicle such that he has standing to contest its warrantless search. The relevant facts of Beasley, taken directly from the case, are as follows: Baltimore City Police officers on patrol in a marked police car observed two men seated in a parked Honda Acura. As the police car neared the Acura, both men ducked down and hid from view. This action aroused [...]

On August 17, 2020, the Fourth Circuit Court of Appeals decided the United States v. Villavicencio[i], which serves as an excellent review of law regarding traffic stops, reasonable suspicion, and when an officer can expand the scope of the stop.  The relevant facts of Villavicencio, while lengthy are taken directly from the case because cases such as this are very fact-specific.  The facts are as follows: On February 17, 2016, Wiessman and her partner, Trooper Trey Strickland, were monitoring traffic on Interstate 95 ("I-95"), a known drug corridor, in Robeson County, North Carolina. Wiessman was observing southbound traffic from a [...]

On August 21, 2020, the Eleventh Circuit Court of Appeals decided the United States v. Bossio[i], which serves as an excellent review of the law regarding when a guest at a residence has reasonable expectation of privacy at the residence and therefore, Fourth Amendment protection.  The relevant facts of Bossio, taken directly from the case, are as follows: The events underlying this appeal began when the Phenix City Police Department (PCPD) received a 911 call early in the morning about a suspicious vehicle parked in the driveway of 1804 Timberland Drive—the caller said that no one was supposed to be [...]