THE COMMUNITY CARETAKING FUNCTION DOES NOT APPLY TO HOMES Caniglia v. Strom, No. 20-157 (5/17/2021) 593 U.S. ___(2021). In 1973, the United States Supreme Court announced the Community Caretaking Function exception to the warrant requirement with respect to a search of an automobile in Cady v. Dombrowski, 413 U.S. 433 (1973). In that case, which involved the arrest of an off-duty police officer for a DUI collision, the officers had reason to believe that the officer may have left his gun in his vehicle.  The vehicle, which had been impounded was by that point unsecured in a tow yard.   Upon [...]

On May 6, 2020, the Eleventh Circuit Court of Appeals decided Anderson v. Vazquez[i], which is instructive regarding the use of police canines as a use of force under the Fourth Amendment. The relevant facts of Anderson, taken directly from the case, are as follows: Undercover detectives with the St. Petersburg Police Department were conducting surveillance near an apartment complex that had experienced recently a series of auto burglaries. The detectives communicated with each other over the police radio and described their observations at the actual time the events occurred. At some point, Officer Vasquez -- who was not involved in [...]

On April 7, 2020, the Tenth Circuit Court of Appeals decided the United States v. Mayville[i], which serves as an excellent review of the law related to the extent of questioning and record checks that are permissible during the scope of a traffic stop. The relevant facts of Mayville, taken directly from the case, are as follows: Around 1:45 a.m. on May 6, 2016, Utah Highway Patrol Trooper Jason Tripodi stopped a red Audi for traveling 71 m.p.h. in a 60-m.p.h. zone, in violation of state law. After the Audi came to a stop, Trooper Tripodi observed the driver hunched [...]

On April 2, 2020, the Eleventh Circuit Court of Appeals decided L.T. v. Owens et al.[i], which serves as an excellent review of the law related to deadly force. The Facts The facts of this case are lengthy; however, because use of force cases are very fact-specific, it is beneficial to include all of the facts. The relevant facts of Owens, taken directly from the case, are as follows: On the afternoon of March 24, 2015, three uniformed Smyrna police officers—Owens, Mark Cole, and Chris Graeff (collectively, the "Smyrna officers")—and three uniformed Cobb County police officers—Daniel Mangold, Bryan Moore, and [...]

There are a variety of reasons why people consider, talk about, attempt, or complete suicide. A major reason why MOST people consider suicide is because they feel it is the only solution for their problem(s). Often this problem is some sort of physical or emotional pain. There are of course some other reasons people consider suicide. For some, it may be a way to take control. For example, they have been diagnosed with a terminal illness and they choose to end their life before the disease can ravage their body. Another example can be an individual facing incarceration and chooses [...]

On April 24, 2020, the Eighth Circuit Court of Appeals decided Franklin v. Franklin County et al.[i], which serves as an excellent review of the law related to excessive force and the use of Tasers. The relevant facts of Franklin, taken directly from the case, are as follows: The sheriff's office in Franklin County, Arkansas, received a call one evening that a suspicious person, later identified as Franklin, was walking along a road and in driveways acting bizarrely and "swinging a stick like a sword." A sheriff's deputy found Franklin and spoke with him, and when Franklin made inconsistent statements [...]