Cases

Clark v. Clark 8thCIR 13JUN2019

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A principal of a school calls 911 and reports gunshots coming from the direction of nearby woods. Two deputies arrive at a rest area 150 yards from the school to find a person there (Clark) talking on his phone.  Clark voluntarily gave the officers his driver’s license, retired military ID, and concealed carry permit. When […]

Cases

United States v. Babcock 11thCIR 23May2019

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In this case, police in Stuart, Florida were notified that there was a domestic disturbance taking place in a camper parked at the residence of the defendant (Babcock). Officers were told that a female could be heard yelling “Stop, stop, stop.” Deputy Olson responded to the disturbance call. When Olson arrived, she knocked on the […]

Cases

United States v De Castro 3rdCIR 3OCT2018

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In this case, a police officer approached someone he suspected was involved in criminal activity and from a distance of 5 to 10 feet away, he asked the person if he would remove his hands from his pockets in a “polite, conversational, and non-threatening tone.”  The person in this situation was De Castro, and when […]

Cases

United States v. Gaines 10thCIR 12MAR2019

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This is a GREAT case for reviewing what constitutes a seizure of a person under the Fourth Amendment as well as a good refresher on the Attenuation Doctrine.  This case even has a good review of what is necessary to inventory a vehicle. To read or download a copy of the decision CLICK HERE Or […]

Cases

United States v. Houston   8thCIR   10APR2019

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At 0100 three officers are dispatched to a neighborhood in Davenport, Iowa to respond to “shots fired” disturbance complaints. This neighborhood accounted for nearly a third of all shots fired calls for the preceding ten-month period. When they arrived, the officers spotted Houston with their flashlights.  Houston ran and did not stop when they commanded […]

Cases

Cruise-Gulyas v. Minard   6thCIR   13MAR2019

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Key Phrases: Traffic Stop, Seizure, First Amendment, Free Speech, Qualified Immunity “Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal or for that matter punishable or for that matter grounds for a seizure.” In this case, an officer gave a driver a break when he cited […]

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 […]