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 […]

Cases

United States v Contreras 5thCIR 1OCT2018

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Contreras, the defendant in this criminal case, was indicted, convicted and sentenced to 168 months imprisonment for violating federal child pornography law under 18USC2252(a)(2).  The evidence used to convict Contreras was obtained as a result of a search warrant executed on his family residence.  The warrant affidavit contained information obtained specifically from two grand jury […]

Cases

Shumpert v. City of Toledo 5thCIR 24 SEP2018

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It was a warm, muggy summer night in Tupelo, Mississippi, when Officer Senter saw a car he believed was involved in narcotics activities. The officer pulled the car over when he noticed the car had a non-functional tag light and failed to indicate at a turn.  Once stopped, the driver of the car (Shumpert) fled on […]

Cases

Lee v. Tucker 10thCIR 24SEP2018

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A domestic altercation between a man and his wife who were both drunk resulted in a 911 call to the police by the wife. Deputies respond and entered the house with the consent of the wife.  During the encounter, the husband tried to move to the kitchen and a deputy attempted to stop him, first […]

Cases

United States v. Pyles 6thCIR 17SEP2018

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In this case, Trooper Ramsey of the Kentucky State Police noticed a car doing 63 in a 70 mph zone. He ran the plates and discovered the registered owner had a warrant for her arrest. He pulled the vehicle over and when approaching the car he saw Pyles stuffing something under a pile of clothes […]

Cases

Glasscox v. City of Argo 11thCIR 12SEP2018

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This case is a civil suit under 42 USC 1983 for the excessive use of force by a police officer when he tased the plaintiff four times in rapid succession.  In a set of facts eerily similar to Graham v. Connor, the plaintiff was suffering from diabetic shock while driving and was pulled over by […]

Cases

Westfall v Luna 5thCIR 13SEP2018

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This is another 42 USC 1983 case for Fourth Amendment violations including False Arrest and Excessive Use of Force.  Responding to a call that two teenagers were unlawfully in a neighbor’s house, the police responded to the home of one of the offending teenagers at 2:00 AM.  The officers demanded to the teen’s mother (the […]

Cases

Martinez v Kate 9thCIR 11SEP2018

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Here is a fundamental rule regarding Miranda Warnings and invocation of one or both of the rights: Once a suspect unambiguously invokes his right to counsel during custodial interrogation, the officer must immediately cease questioning and honor that right. In this case, the Ninth Circuit held that the defendant unequivocally and unambiguously invoked counsel during […]