Circuit Courts of Appeal

Circuit Courts of Appeals – August 2021

The Legal Training Division of the Federal Law Enforcement Training Centers’ Office of Chief Counsel is dedicated to providing law enforcement officers with quality, useful and timely United States Supreme Court and federal Circuit Courts of Appeals reviews, interesting developments in the law, and legal articles written to clarify or highlight various issues. The views expressed in these articles are the opinions of the […]

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Circuit Courts of Appeals – July 2021

Fourth Circuit  United States v. Buzzard, 2021 U.S. App. LEXIS 17518 (4th Cir. WV June 11, 2021)  Around 1:30 a.m., a police officer pulled over a car for a defective brake light. Jason Buzzard was driving, and Paul Martin was in the passenger seat of the car. When the officer made contact with the Buzzard, he requested Buzzard’s license, registration, and proof of insurance.

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Casual Miranda Rights – Eighth Circuit

In today’s case out of the Eighth Circuit Court of Appeals we encounter two known drug users and Miranda rights. As a reminder, you are required to provide Miranda warnings when conducting a “custodial interrogation”. A person is in “custody” for Miranda, purposes, when there is a formal arrest, or you are restraining the person’s freedom of movement to the degree associated with a formal arrest. To determine whether a person was in custody, the court

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UOF Following a Pursuit and Plaintiff Safety – Third Circuit

Our case today comes to us from the Third Circuit and involves both qualified immunity and alleged excessive force. The facts of this case get a little hectic and in order to fully understand the court’s decision it is important to review how an officer is entitled to qualified immunity. When deciding if an officer is entitled to qualified immunity the officer’s actions must not violate a

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United States v. Brinkley, “Knock and Talk without Probable Cause”

Our case today comes from the Fourth Circuit. In February 2017, a federal-state task force in Charlotte, North Carolina pursued outstanding arrest warrants. Among the targets was Kendrick Brinkley, who had an outstanding arrest warrant for unlawfully possessing a firearm as a convicted felon. An ATF agent and Detective on the taskforce found Brinkley after extensive research into his addresses. Where things start to fall apart, however,

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Automated License Plate Readers, LEARN – Ninth Circuit

Today’s case comes to us from the 9th Circuit and looks at issues surrounding Automated License Plate Readers (ALPR) and whether officers can access information from private databases populated by ALPR entries. The 9th Circuit describes the Vigilant Solutions LEARN (Law Enforcement Archival Reporting Network) program as a searchable database of entries from private and public sources that allow law enforcement subscribers to enter

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Show-up, ID – Eighth Circuit

Eyewitness identification practices have come under a great deal of scrutiny as we have come to learn that improper eyewitness IDs are one of the major reasons for bad convictions across the country. Bad convictions have become such an issue that organizations like the Innocence Project have had to step in help fight these injustices. The Innocence Project is a private non-profit organization that investigates claims of

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Circuit Courts of Appeals – February 2021

The following federal circuit court case summaries are provided by The Legal Training Division of the Federal Law Enforcement Training Centers’ Office of Chief Counsel (https://www.fletc.gov/informer). The Informer is published monthly and includes federal circuit court and Supreme Court case summaries covering a variety of topics of interest for law enforcement officers. First Circuit United States v. Mumme, 985 F.3d 25 (1st Cir. 2021)

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