Cases

US v Bradley   8thCIR   13MAY2019

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This case provides an excellent review of what is required to establish probable cause using anonymous tips and confidential informants. The court noted that the supervised, controlled buy is a substantial basis for the issuing judge to find probable cause. To read or download the full opinion CLICK HERE  

Cases

US v Loera 10thCIR 13 MAY2019

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This case provides an excellent example of how to stay within the scope of a warrant to search digital storage devices such that plain view seizures of other evidence of criminal activity will be admissible. In this case, FBI Agents had a search warrant to seize digital storage devices (DSDs) and then search them for […]

Cases

US v Richmond 7thCIR 13 MAY 2019

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Around midnight in Oct 2016 two officers in a marked patrol car were driving in the Capitol Street Corridor section of Milwaukee. This is a high crime area known for drugs and armed robberies and gin violence. As they drove through an intersection, they saw Richmond walking towards their direction on the sidewalk. He had […]

Cases

United States v. Coleman 6thCIR 3MAY2019

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This case had two issues. The first was whether probable cause existed for the issuance of a tracking warrant.  The second was whether the ATF agents violated Coleman’s Fourth Amendment rights when they first entered the condominium parking lot and then again when they went onto his driveway (which Coleman argues was his curtilage). The […]

Cases

United States v. Sallis 8thCIR 9APR2019

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This is a good case for a review of implied consent while in custody. Police watch a suspect (Sallis) with outstanding warrants come and go from an apartment that was not his residence (it was his girlfriend’s apartment where she lived with her small children). They arrested Sallis after he entered a vehicle outside the […]

Cases

Karels v. Storz 8thCIR 15OCT2018

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This is another 42 USC 1983 civil suit for excessive use of force. In this case, the 8th Circuit denied Qualified Immunity to a tall and physically fit LEO who body-slammed a short and fat drunk woman while arresting her for non-violent misdemeanors stemming from a complaint made by the person with whom she lived.  […]

Cases

Conlogue v. Hamilton 1stCIR 11OCT2018

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This case is about whether an officer should be granted qualified immunity in a 42 USC 1983 civil suit alleging excessive use of force when a SWAT-trained Maine State Trooper shot an killed an armed civilian after a prolonged standoff.  Citing Graham v. Connor, 490 U.S. 386 (1989) and Pearson v. Callahan, 555 U.S. 223 […]

Cases

United States v. Velazquez 7thCIR 9OCT2018

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In this case the defendant (Velazquez) was arrested in his driveway. Officers then searched his car when a K9 alerted on the car. During the search, they discovered evidence which Velazquez sought to suppress as fruit of an unlawful search.  The court ruled that the arrest in the driveway was not a Fourth Amendment violation […]

Cases

United States v Fiseku 2ndCIR 4OCT2018

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The use of handcuffs doesn’t necessarily turn a Terry Stop into a de facto arrest. The defendant and two other men were detained under a Terry Stop.  The officers told the men they were not under arrest and did not Mirandize them.  The officers then conducted a Terry Frisk and  handcuffed the men during the […]

Cases

United States v De Castro 3rdCIR 3OCT2018

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In this case, a police officer approached someone he suspected was involved in criminal activity and from a distance of 5 to 10 feet away, he asked the person if he would remove his hands from his pockets in a “polite, conversational, and non-threatening tone.”  The person in this situation was De Castro, and when […]