On April 27, 2020, the Second Circuit Court of Appeals decided the United States v. Cuello[i], which serves as an excellent review of the law-related reasonable suspicion. The relevant facts of Cuello, taken directly from the case, are as follows: In the early morning hours of July 9, 2018, Cuello was stopped while riding his bike on the south side of Syracuse by Officer William Coleman and Officer Michael Birklin of the Syracuse Police Department. The officers stopped Cuello for a failure to have head and tail lights affixed to his bike in violation of New York Vehicle and Traffic [...]

On April 24, 2020, the Ninth Circuit Court of Appeals decided the United States v. Chew[i], which serves as an excellent review of the law related to the attenuation doctrine, which is a legal doctrine that, under certain circumstances, can prevent suppression of evidence. In Chew, officers responded to a nuisance complaint.  The officers located Chew and handcuffed him for the suspected nuisance violation.  After he was detained and handcuffed, the officers conducted a warrant check and learned that Chew was wanted for a probation violation warrant.  He was taken to the police station and his backpack was subjected to [...]

On March 27, 2020, the Sixth Circuit Court of Appeals decided the United States v. Betts[i], which serves as an excellent review of the law related to investigative detentions and canine sniffs. The relevant facts of Betts, taken directly from the case, are as follows: Michael Betts drove his vehicle to a commercial parking lot in Salem, Ohio, early one November morning. Curious behavior marked the occasion. Betts was in the parking lot at roughly 1 a.m., when all the adjacent businesses were closed. Betts parked his vehicle in front of a shop that had been frequently burglarized. Betts's vehicle [...]

THE APPLICATION OF PHYSICAL FORCE TO THE BODY OF A PERSON WITH INTENT TO RESTRAIN IS A SEIZURE EVEN IF THE PERSON DOES NOT SUBMIT AND IS NOT SUBDUED By Jack Ryan, Attorney, Co-Director LLRMI There are two types of seizures that have been identified under the Fourth Amendment.  They are identified as a “show of authority seizure” and a “physical seizure.” The first type, a “show of authority seizure was first identified in California v. Hodari D.[i] a case where a juvenile running from officers discarded narcotics while still in flight.  Hodari D.’s argument was that, while acknowledging he [...]

On March 26, 2020, the Eighth Circuit Court of Appeals decided the United States v. Suellentrop[i], in which the court of appeals examined whether evidence obtained in private search of a cellphone and later shown to police was legal under the Fourth Amendment. The relevant facts of Suellentrop, taken directly from the case, are as follows: In late 2016, Dennis Suellentrop lived in a house owned by his parents with his girlfriend, their infant daughter "Baby M," and a mutual friend named Matt. An acquaintance, Paul Donnelly, resided in a camper parked in the driveway. Donnelly testified that he freely [...]

On March 26, 2020, the Tenth Circuit Court of Appeals decided the United States v. Jackson[i], which serves as an excellent review of the law related to probable cause during drug investigations and the law related to abandonment. The relevant facts of Jackson, taken directly from the case, are as follows: Denver police officers arrested Mr. Jackson on March 16, 2018 as part of a larger operation targeting suspected narcotics dealers in downtown Denver. As part of the operation, the officers from the Denver Police Department (DPD) had confidential informants (CIs) purchase narcotics from suspected drug dealers using previously recorded [...]