Cases

United States v Azua-Rinconada 4thCIR 28JAN2019

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What started out as a “knock and talk” quickly got off track in this case. Given a totality of the circumstances, an LEO’s threat to “open the door or we’re going to knock it down” did not “fatally infect the voluntariness” of the subsequent consent to enter.  Furthermore, the suspect was not in custody for […]

Cases

United States v. Fulton 5thCIR 29JAN2019

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Although the warrant authorizing seizure of ledgers as evidence of drug deals did not specifically include cellphones, cellphones often contain electronic ledgers and therefore the seizure of the cellphone did not violate particularity requirement of the Warrant Clause to the Fourth Amendment. https://drive.google.com/file/d/1mdfnTLsSltULrC73gxkqsUuMz0JbLGwf/view?usp=sharing

Cases

Rainsberger v Benner 7thCIR 15JAN2019

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William Rainsberger was charged with murdering his elderly mother. But the detective who built the case against him submitted a probable cause affidavit that not only contained lies about material facts, it also omitted exculpatory evidence.  Rainsberger sued the detective when charges were dropped. Detective Benner moved for summary judgment, arguing that he was entitled […]

Cases

US v. Landeros 9thCIR 11JAN2019

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Reversing the district court’s denial of a motion to suppress evidence obtained as a result of a traffic stop, the panel held that law enforcement officers may not extend a lawfully initiated vehicle stop because a passenger refuses to identify himself, absent reasonable suspicion that the individual has committed a criminal offense. The court noted […]

Cases

US v. Campbell 11thCIR 8JAN2019

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This case presents two search and seizure issues resulting from a traffic stop. First, whether a highway patrolman had reasonable suspicion to stop a motorist for a rapidly blinking turn signal. Second, whether the seizure became unreasonable when the patrolman prolonged the stop by questioning the motorist about matters unrelated to the stop’s mission. The […]

Cases

US v. Johnson 9thCIR 9JAN2019

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What if a person is searched immediately before he is arrested?  And what if there is probable cause to arrest, but not for the crime for which he is arrested?  In this case, the Ninth Circuit held that the justifications for the search incident to arrest (SIA) exception do not lose any of their force […]

Cases

Escondido v. Emmons US Supreme Court 7JAN2019 (Per Curiam)

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This is yet another case of the Ninth Circuit denying qualified immunity using an incorrect analysis of the “clearly established” prong of the qualified immunity test.  In denying qualified immunity to two law enforcement officers (Toth and Craig), the Ninth Circuit’s entire analysis of the qualified immunity question consisted of the following:  “The right to […]

Cases

United States v. Easley 10thCIR 26DEC2018

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This is another case regarding luggage on a bus and whether it is considered “abandoned” for purposes of a search under the Fourth Amendment.  This was the case for a “Case of the Week” webinar. Watch the video for free on the LEA ONE Vimeo Channel for a full discussion of the Fourth Amendment Dominoes […]

Cases

Sandoval v. County of Sonoma 9thCIR 21DEC2018

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Impounding a vehicle is a warrantless seizure under the Fourth Amendment and there is a judicially recognized exception that allows for it under specific conditions.  What happens when those conditions aren’t met? In this case, the Ninth Circuit found that defendant officers in this 1983 civil suit had failed to provide any justifications for the […]

Cases

Escalera-Salvador v. United States 1stCIR 19DEC2018

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This is a case from Puerto Rico based on a Federal Torts Claim Act (FTCA) claim arising from an altercation when an HSI Special Agent shot the plaintiff (Escalera) who is a known drug trafficker and gang leader when they were clearing the residence prior to executing a search warrant.   The judge ruled in favor […]