Cases

United States v. Babcock 11thCIR 23May2019

Posted on

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 Fiseku 2ndCIR 4OCT2018

Posted on

The use of handcuffs doesn’t necessarily turn a Terry Stop into a de facto arrest. The defendant and two other men were detained under a Terry Stop.  The officers told the men they were not under arrest and did not Mirandize them.  The officers then conducted a Terry Frisk and  handcuffed the men during the […]

Cases

United States v. Pyles 6thCIR 17SEP2018

Posted on

In this case, Trooper Ramsey of the Kentucky State Police noticed a car doing 63 in a 70 mph zone. He ran the plates and discovered the registered owner had a warrant for her arrest. He pulled the vehicle over and when approaching the car he saw Pyles stuffing something under a pile of clothes […]

Cases

WILSON V LAMP 8thCIR 28AUG2018

Posted on

This was a civil suit under 42 U.S.C. 1983 for Fourth Amendment violations as a result of a traffic stop that led to a patdown frisk at gunpoint.  LEOs had a reasonable suspicion of criminal activity (child molestation fugitive) to stop a truck.  Furthermore, officers had a reasonable suspicion that plaintiff was presently armed and […]

Cases

United States v. Street 7thCIR 01MAR2019

Posted on

The defendant in this case argued the officers who stopped him did so only because of his race. The court disagreed, holding that the defendant was “one of only a handful” of African Americans at the scene shortly after the crime occurred and the perpetrators had been described as African Americans. There was a host […]

Cases

United States v. Pope 8thCIR 10DEC2018

Posted on

Armed and Therefore Dangerous At 0400 police respond to a noise complaint at a Des Moines motel. When the police arrive they find 30 people in a motel room and no one claims to be the person who rented the room. The police also notice known gang members in the room. When ordered to leave […]

Cases

United States v. Ojudun 2ndCIR 08 FEB2019

Posted on

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 Vaccaro 7thCIR 7FEB2019

Posted on

Vaccaro was stopped for running a red light and as officers approached his car he rapidly and aggressively leaned over to the passenger seat and then over into the backseat area all within 5 seconds. The officers thought he was going for a weapon and ordered him out of the car at gunpoint and then […]

Cases

United States v. Houston   8thCIR   10APR2019

Posted on

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 […]

The BLUE Blog

United States v. McCants 3rdCIR 18DEC2018

Posted on

A woman dials 911 and tells the dispatcher that a man with braided hair wearing a red hat is beating up his girlfriend and is about to kill her. The woman also states she thinks the man has a gun.  She provides the location and then she hangs up.  Police were in the area and […]