©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 14, 2017, the Eleventh Circuit Court of Appeals of decided the United States v. Coffell[i], in which the court examined whether police violated the Fourth Amendment by obtaining and executing a search warrant at the mobile home he rented. The relevant facts of Coffell, taken directly from the case, are as follows: Coffell lived in a trailer that he rented from BlueKey Property Management Company ("BlueKey"). On February 2, 2016, BlueKey's maintenance man entered Coffell's trailer while he was away, using a master key, in order to replace his [...]

©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) “The mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his or her otherwise reasonable expectation of privacy.” In Byrd v. United States[1], the United States Supreme Court reviewed a case where a subject dealing in narcotics utilized his girlfriend to rent a vehicle. Byrd, the defendant in the criminal case, was not listed on the rental agreement. A search of the vehicle uncovered 49 bricks of heroin. On September 17, 2014, petitioner Terrence Byrd and [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 13, 2017, the Eighth Circuit Court of Appeals decided the United States v. Scott[i], in which the court examined whether warrantless entry into private premises at the scene of a domestic violence incident was lawful under the Fourth Amendment. The relevant facts of Scott, taken directly from the case, are as follows: Early one afternoon, local law enforcement responded to multiple security alarms at a rural residence in Fulton County, Arkansas. The officers drove down the long driveway and stopped at a cattle gate. A truck simultaneously pulled up [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 5, 2017, the Fourth Circuit Court of Appeals of decided the Sims v. Labowitz et al.[i], in which the court examined whether it was reasonable for a detective to apply for and execute a search warrant for photos of a 17-year-old male’s flaccid and erect penis in furtherance of a distribution of child pornography investigation where the male sent a video of himself to his 15-year-old girlfriend. The relevant facts of Sims, taken directly from the case, are as follows: In June 2014, the Commonwealth of Virginia filed felony [...]

©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) In Collins v. Virginia,[1] the United States Supreme Court examined the sanctity of a home’s curtilage, [an area adjacent to the home and to which activity of home life extends] when balanced against the long-standing motor vehicle exception to the warrant requirement. The Court outlined the facts in Collins as follows: Officer Matthew McCall of the Albemarle County Police Department in Virginia saw the driver of an orange and black motorcycle with an extended frame commit a traffic infraction. The driver eluded Officer McCall’s attempt to stop the motorcycle. A few weeks later, [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 19, 2017, the Eleventh Circuit Court of Appeals decided Brand v. Casal et al.[i], in which the court examined whether the use of the Taser and a protective sweep of a residence were lawful under the Fourth Amendment. The relevant facts of Brand, taken directly from the case, are as follows: THE FACTS 1. Facts Leading to the Initial Encounter In November 2010, a Magistrate Judge in Gwinnett County, Georgia issued an arrest warrant for Wesley Brand for felony theft by taking of a motor vehicle. Four months later, [...]