Cases

Ioane v Hodges 9thCIR 10SEP2018

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The Ninth Circuit affirmed the district court’s order denying qualified immunity on summary judgment to an IRS Supervisory Special Agent in an action alleging that the agent violated plaintiff’s Fourth Amendment right to bodily privacy when, during the lawful execution of a search warrant at plaintiff’s home, the agent escorted plaintiff to the bathroom and monitored […]

Cases

Scott v San Bernardino 9thCIR 10SEP2018

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This case is an unfortunate example of what happens when a middle school assistant principal teams up with a school resource officer to implement their own version of “Scared Straight.”   A school resource officer arrested, handcuffed, and transported three middle school girls without probable cause to “prove a point.”  The point they proved is probably […]

Cases

United States v. Peterson 9thCIR 4SEP2018

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Police officers arrested the defendant (a convicted felon prohibited from possessing a firearm) under 922(g)) on outstanding warrants. The defendant had a backpack at the time of arrest.   The officer waited to search the backpack until after defendant was handcuffed and in the back of the patrol car. A firearm was found in the backpack. […]

Cases

Lenicomn v. City of Dallas 5thCIR 5SEP2018

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This is a 42 U.S.C. 1983 action where the plaintiff alleged police officers violated his Fourth Amendment rights when they forcibly made a warrantless entry into his house to render medical assistance as a result of a 911 call.  The plaintiff also alleged excessive use of force when the officers used pepper spray to gain […]

Cases

United States v Stewart 7thCIR 5SEP2018

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The defendant was identified as a suspect in a drug trafficking operation after months of surveillance including information by confidential informants.  As result of this suspicion, they put the defendant under surveillance. The defendant got in his vehicle, drove to a gas station where another individual got in the car and left a few minutes […]

Cases

US V SANTILLAN 2ndCIR 24AUG2018

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The defendant was prosecuted for various drug offenses as a result of evidence obtained during a traffic stop as well as statements made during the stop.  Specifically, the defendant argued that: the traffic stop was unreasonably prolonged to the point that it became a de facto arrest for which probable cause was lacking, that there […]

Cases

US V BELL 4thCIR 28AUG2018

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Questioning occupants during Summers Detention was not custody for Miranda purposes. While executing a premises search warrant, police detained the defendant and his wife (who owned the house).  The LEOs asked the wife if there were any weapons in the house that could hurt and officer. The defendant, sitting next to the wife, immediately responded […]

Cases

WILSON V LAMP 8thCIR 28AUG2018

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This was a civil suit under 42 U.S.C. 1983 for Fourth Amendment violations as a result of a traffic stop that led to a patdown frisk at gunpoint.  LEOs had a reasonable suspicion of criminal activity (child molestation fugitive) to stop a truck.  Furthermore, officers had a reasonable suspicion that plaintiff was presently armed and […]

Cases

BUNKLEY V DETROIT 6thCIR 29AUG2018

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Officers made an arrest of the defendant because they were ordered to do so by a superior even though they had no reason to believe they had probable cause to make the arrest. The court denied qualified immunity holding that just because the officers were ordered to make the arrest didn’t absolve them of the […]

Cases

US V RAYGOZA-GARCIA 3rdCIR 30AUG2018

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The court ruled that a traffic stop that was impermissibly extended to conduct an investigative inquiry without the requisite reasonable suspicion and therefore was a Fourth Amendment violation. The evidence obtained as a result of that extension was excluded under the exclusionary rule.