©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 27, 2017, the Eleventh Circuit Court of Appeals decided the United States v. Collins[i], in which the court discussed whether a warrantless search of a probationer’s residence was lawful under the Fourth Amendment. The relevant facts of Collins, taken directly from the case are as follows: On April 21, 2015, Mr. Collins was convicted in Florida of fraudulent use of a credit card and personal information and was sentenced to a one-year term of probation. Mr. Collins signed a temporary order of supervision and an instruction sheet provided [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 1, 2017, the Third Circuit Court of Appeals decided Morgan v. Borough of Fanwood et al.[i], in which the court discussed whether officers were liable for Fourth Amendment violations for actions during a vehicle stop and search. The relevant facts of Morgan, taken directly from the case, are as follows: On the afternoon of January 2, 2010, Sergeant Thomas Jedic of the Borough of Fanwood Police Department pulled over Morgan's vehicle, a Jeep Grand Cherokee. Jedic noted prior to the stop that the driver's side tail light cover was [...]

©2017 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) Over the last two decades, law enforcement has become increasingly aware of how a failure to produce exculpatory evidence to a defendant facing trial may impact a conviction of the defendant. Through a number of cases, law enforcement is well aware that the failure to notify the prosecutor that exculpatory evidence exists may not only impact the conviction of the defendant but may also lead to civil liability for the investigators and the agency. In its 2017 term, the United States Supreme Court further defined the contours of a Brady violation and [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On April 5, 2017, the Tenth Circuit Court of Appeals decided the United States v. Cantu[i], in which the court discussed whether the use of a utility pole camera that viewed the front of Cantu’s residence violated his rights under the Fourth Amendment. The relevant facts of Cantu, taken directly from the case, are as follows: The arrest in this case arose from an investigation by the Lea County Drug Task Force and the FBI of a drug-trafficking organization operating in Hobbs, New Mexico. One of the subjects of their [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 16, 2017, the Fifth Circuit Court of Appeals decided Turner v. Driver et al.[i], in which the court examined whether it was reasonable to detain a male for videoing the routine activity outside of a police station and arrest him for failing to provide his identification. The relevant facts of Turner, taken directly from the case, are as follows: In September 2015, Turner videotaped the Fort Worth Police Station from a public sidewalk across the street from the station. He was unarmed. While videotaping, Turner observed Fort Worth Police [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 23, 2017, the Sixth Circuit Court of Appeals decided the United States v. Mays[i], in which the court discussed whether the statement “I really should have a lawyer, huh?” was a valid assertion of Mays’ right to counsel during a custodial interrogation and request for consent to search his cellular phones. The relevant facts of Mays, taken directly from the case, are as follows: In April 2014, appellant Gregory Mays posted an ad in the "Casual Encounters" section of the online classifieds website Craigslist. He sought a "[s]ubmissive and [...]