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Seizure

United States v. Goebel 10thCIR 26MAY2020

  • Post published:June 14, 2020
  • Post comments:0 Comments

A Roswell NM police officer on patrol in the early morning hours heard a report of a reckless driver. He observed…

Continue ReadingUnited States v. Goebel 10thCIR 26MAY2020

Oglesby v. Lesan 8thCIR 3JUL2019

  • Post published:December 21, 2019

This is an interesting case with a good discussion of what constitutes a seizure under the Fourth Amendment and whether a…

Continue ReadingOglesby v. Lesan 8thCIR 3JUL2019

United States v. Greene 3rdCIR 25JUN2019

  • Post published:December 21, 2019

This is another Fourth and Fifth Amendment “combo” case with search and seizure issues as well as Miranda issues. In this…

Continue ReadingUnited States v. Greene 3rdCIR 25JUN2019

Clark v. Clark 8thCIR 13JUN2019

  • Post published:July 9, 2019

A principal of a school calls 911 and reports gunshots coming from the direction of nearby woods. Two deputies arrive at…

Continue ReadingClark v. Clark 8thCIR 13JUN2019

United States v. Babcock 11thCIR 23May2019

  • Post published:June 4, 2019

In this case, police in Stuart, Florida were notified that there was a domestic disturbance taking place in a camper parked…

Continue ReadingUnited States v. Babcock 11thCIR 23May2019

United States v De Castro 3rdCIR 3OCT2018

  • Post published:May 8, 2019

In this case, a police officer approached someone he suspected was involved in criminal activity and from a distance of 5…

Continue ReadingUnited States v De Castro 3rdCIR 3OCT2018

United States v. Gaines 10thCIR 12MAR2019

  • Post published:May 8, 2019

This is a GREAT case for reviewing what constitutes a seizure of a person under the Fourth Amendment as well as…

Continue ReadingUnited States v. Gaines 10thCIR 12MAR2019

United States v. Houston   8thCIR   10APR2019

  • Post published:May 4, 2019

At 0100 three officers are dispatched to a neighborhood in Davenport, Iowa to respond to “shots fired” disturbance complaints. This neighborhood…

Continue ReadingUnited States v. Houston   8thCIR   10APR2019

Cruise-Gulyas v. Minard   6thCIR   13MAR2019

  • Post published:April 18, 2019
  • Post comments:0 Comments

Key Phrases: Traffic Stop, Seizure, First Amendment, Free Speech, Qualified Immunity “Fits of rudeness or lack of gratitude may violate the…

Continue ReadingCruise-Gulyas v. Minard   6thCIR   13MAR2019

When is a person seized?

  • Post published:March 26, 2019
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United States v. Gaines, 10th Cir. 12MAR2019 In this case, Bruce-Alan Barnard explores two key parts of Search and Seizure Law:…

Continue ReadingWhen is a person seized?
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