Circuit Courts of Appeal

Expectation of Privacy – United States v. Sawyer

Our legal update today will focus on the 7th Circuit Court of Appeals, covering those jurisdictions in Illinois, Indiana, and Wisconsin.  Today’s case looks at the question of whether a suspect has a legitimate expectation of privacy in his backpack when it is found at the scene of an active burglary.  For some of you that may have been around the block for a while, you may recall that at one […]

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1st Circuit: Cell Phone Video Exam – United States v Rivera-Morales

Last week, we looked at a case out of the 8th Circuit talking about a case similar to the case we will discuss today. In United States v Suellentrop, the 8th Circuit allowed evidence to be submitted of pictures found on a cell phone after the pictures were found and provided to the police by a citizen. In Sullentrop, the 8th Circuit determined that the limitations on searching cell phones demanded by the Supreme Court in Riley v California did

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Circuit Courts of Appeals – December 2020

First Circuit United States v. Simpkins, 978 F.3d 1 (1st Cir. 2020) Based on information provided by a credible informant, the Maine State Police established probable cause that the defendant, Rob Simpkins, was transporting controlled substances into the state. Once within their jurisdiction, the officers conducted a high-risk traffic stop, in part, because they learned from an August 2017 “mental wellness check” that the

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Use of Force Failure to Intervene – Eleventh Circuit

Today we head to the 11th Circuit which covers the states of Alabama, Georgia and Florida to talk about issues that are currently faced by police departments across the country. These issues include appropriate applications of force, Qualified Immunity and Bystander Liability, also known as the Failure to Intervene.  Before we look at the facts and the court decision in this case let me just make a

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Circuit Court of Appeals – September 2020

First Circuit United States v. Del-Rosario-Acosta, 968 F.3d 123 (1st Cir. 2020)   Three Puerto Rico Police Department officers responded to a call from a gas station reporting an armed person on the premises.  When the officers arrived, they encountered a crowd of people.  After the officers ordered the crowd to disperse, they saw Rafael Del Rosario-Acosta (the defendant) walk to a nearby parked car.  The defendant got

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Circuit Court of Appeals – June 2020

First Circuit United States v. Rivera-Morales, 2020 U.S. App. LEXIS 17116 (1st Cir. P.R. May 29, 2020)  Beskis Sánchez-Martínez (Sánchez) was scrolling through her husband’s (Morales) cell phone when she discovered a photograph of her husband’s penis next to a pair of blurry hands.  Sánchez continued to search her husband’s phone and found a fourteen-second video of Morales engaging in a sexual act with

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Circuit Courts of Appeal – April 2020

Summaries courtesy of FLETC Legal Training Division & The Informer First Circuit Caniglia v. Strom, 953 F.3d 112 (1st Cir. 2020) In August 2015, Kim Caniglia called the police department and asked that an officer accompany her to her residence where she lived with her husband, Edward. Kim stated that the day before, during an argument with Edward, he retrieved a handgun from the

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