Cases

Moore-Jones v Quick 8thCIR 28NOV2018

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This case is a civil suit against a law enforcement officer for injuries sustained by the plaintiff when her car was knocked into a culvert during a PIT maneuver. The defendant had fled after a traffic stop was made and LEOs deployed the PIT maneuver at 35 MPH at the last exit only a mile […]

Cases

Henderson v City of Woodbury 8thCIR 28NOV2018

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This is a Qualified Immunity case in which qualified immunity was denied because issues of fact existed that needed to be resolved by the jury.  Usually the issue of fact to be resolved is based on different versions of the facts presented by the plaintiff and the defendant officer. The interesting twist in this case […]

Cases

United States v Coleman 8thCIR 27NOV2018

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A woman makes a 911 call and states her boyfriend who lives with her punched her in the mouth and he had a gun.  Police responded to the 911call and the woman met police outside the residence and they could clearly see she had injuries consistent with her claim. Police entered the house with the […]

Cases

United States v Lopez-Zuniga 8thCIR 26NOV2018

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This case provides not one, but FOUR examples of warrants applications that are deficient in establishing probable cause and the resulting efforts to save the evidence.  The Eight Circuit held that the first two warrants were so lacking in indicia of probable cause that no reasonable officer could think probable cause was established and therefore […]

Cases

United States v Escobar 8thCIR 26NOV2018

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This 26-page decision reads like a short novel of drug trafficking by 13 people, five of whom were defendants in this case.  It involves numerous warrants and wiretap orders in a complex investigation lasting several months.  The reason I selected this case to include in this edition of the Blue Flash is because one of […]

Cases

United States v Zamudio 7thCIR 20NOV2018

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This case is about whether probable cause existed in a warrant application.  The decision presents a great review of the law on establishing probable cause in the affidavit.  The District Court granted a motion to suppress holding the warrant application failed to provide direct evidence to establish that a evidence was linked to a particular […]

Cases

United States v Davis 1stCIR 20NOV2018

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A musician left a bar in which he w as performing, but then realized he needed to use the bathroom. The bar would not allow him back in (no re-entry policy) so he drove his girlfriend’s car in search of a bathroom to use. He drove without headlights and parked perpendicularly in a handicap parking […]

Cases

Foster v Hellawell 9thCIR 20NOV2018

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Officer Jeremy Hellawell was dispatched to investigate a 911 call from a citizen who reported that a man matching Ernest Foster’s description was walking toward a shopping plaza armed with a concealed handgun. As the incident unfolded, Hellawell approached Foster at the shopping plaza to investigate the report, Foster fled, and Hellawell ultimately shot Foster […]

Cases

Begin v Drouin 1stCIR 16NOV2018

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In this case, the First Circuit denied qualified immunity to an officer who shot a person in a psychiatric unit who was cutting himself.  The court concluded that considering the facts as alleged, it was unreasonable for the officer to use deadly force to stop a person who presented only a danger to himself. To […]

Cases

United States v Shrum 10thCIR 15NOV2018

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The defendant’s common law wife became ill and died unexpectedly. The defendant dialed 911 and initially allowed sheriff deputies and EMS into the home. The wife was pronounced dead at the hospital and the officers then secured the home and looked through the house for the specific purpose of locating medication in anticipation of an […]