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

United States v. Burwell 11thCIR 27FEB2019

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This is a traffic stop that was extended, but the court held that under the facts, the extension was consensual. The court stated: “Under these particular undisputed factual circumstances, we conclude that a reasonable person in Burwell’s position would have felt free to leave when Powers asked Burwell for permission to question him further.” Therefore, […]

Cases

United States v. Lozano 8thCIR 26FEB2019

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A suspicious activity report is called in, stating that “two black males” are walking around an apartment complex at 0118. An officer responded and parked his car 15-20 feet behind two males he sees in the parking lot. One is a Hispanic male and the other is a juvenile black male.  The officer approached the […]

Cases

United States v. Terry 7thCIR 14FEB2019

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The fact that a woman who answered the door was wearing a bathrobe could give an officer a reasonable belief that she had spent the night, but not the reasonable belief that she lived there so as to constitute apparent authority for consent to enter. The officers didn’t ask the woman who she was, how […]

Cases

United States v. Ojudun 2ndCIR 08 FEB2019

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Reasonable Belief that a Person Has Authority The defendant, a convicted felon, was on supervised release when law enforcement officers stopped a vehicle in which he was a passenger.  Reasonable suspicion the occupants were involved in bank fraud led to a Terry Stop, the Terry Stop led to consent to search the vehicle, and the […]

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

Pagan-Gonzalez v. Moreno   1stCIR   22MAR2019

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Key Phrases: Consent, Deception, Qualified Immunity, Search Back in October of 2013, ten federal Special Agents went to the door of the plaintiff Pagan- Gonzalez who lived with his parents in Puerto Rico.  One of the agents told the plaintiff that they were there because a modem or computer in the house was “sending a […]

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 […]