The Court of Appeals for the Sixth Circuit recently explored the case of US v. Smith, a case that guides officers through the principles of reasonable suspicion, as they pertain to police procedure in vehicular stops and searches. At around 2:00 am, two individuals, D.B. and Sharon, left a Detroit bar, with D.B. suspecting that they were being followed by a silver sedan. Evidence […]
The Court of Appeals for the Sixth Circuit issued a decision in Parsons v. City of Ann Arbor, a case that grapples with the issues of qualified immunity, alleged excessive use of force, and state law assault and battery allegations. The situation stemmed from a heated encounter between a law enforcement officer and an uncooperative individual during an investigatory detention outside of a local
The Court of Appeals for the Fourth Circuit issued a decision in Putman v. Harris, a case that centers on an alleged use of excessive force during the seizure of a potentially armed person, threatening self-harm and suicide.1 The plaintiff in this case, Dillard Putman, raised a 42 U.S.C. §1983 claim, where he accused the defendant Officer of infringing upon his Fourth Amendment rights
Canine Conundrum: Police Dogs, Excessive Force, and Fourth Amendment Jurisprudence Continue Reading
The Court of Appeals for the Sixth Circuit issued a decision in United States v. Woolridge, a case that addresses the issue of voluntary confessions and the application of Miranda warnings1. The decision by the Sixth Circuit emphasizes the primacy of the Fifth Amendment in safeguarding suspects’ rights during officer interactions with detainees. Joshua Woolridge, the defendant in the case, was charged under 18
In the landscape of modern law enforcement, a recent ruling from the Sixth Circuit Court has cast a spotlight on the complex interplay between the Fourth and Fourteenth Amendments and the doctrine of Qualified Immunity. The case in question, Habich v. Wayne County, was borne out of a contentious circumstance surrounding the impounding of a vehicle from a private driveway without a warrant. At
The Tenth Circuit Court of Appeals recently considered the scope of the Fourth Amendment protections in the context of a warrantless search not incident to arrest, and the applicability of the inevitable discovery exception to the Exclusionary Rule. In United States v. Braxton, the defendant was arrested on drug-related charges. Following the arrest, officers conducted a warrantless search of his backpack and discovered a
In United States v. Roper, the court dealt with the issue of reasonable suspicion in the context of a police officer stop and search. This case provides valuable insights for law enforcement officers, shedding light on the factors contributing to reasonable suspicion during a police stop. Roper was convicted and sentenced to a 105-month term of imprisonment, followed by a three-year term of supervised
The Court of Appeals for the Second Circuit issued a decision in Friend v. Gasparino, a case that grapples with alleged violations of an individual’s First, Fourth, and Fourteenth Amendment rights following the arrest of citizen Michael Friend, for displaying a sign on a public sidewalk that warned drivers of a police operation ahead. Friend pursued five claims against Officer Gasparino and the City
In United States v. Batara-Molina, the Tenth Circuit Court of Appeals addressed the issue of whether a traffic stop was unlawfully prolonged for a canine sniff lacking reasonable suspicion, in violation of the Fourth Amendment.1 Summary Wyoming Deputy Eric Coxbill stopped Ian Batara-Molina’s vehicle for driving 49 mph in a 45-mph zone. As he approached the car, the Deputy detected a strong flower-like odor.
Traffic Stop Turmoil: Reasonable Suspicion Leads to Discovery of Illegal Drugs Continue Reading
In United States v. Leggette, the Fourth Circuit Court of Appeals evaluated whether the defendant, Dwayne Leggette, was subjected to custodial interrogation by police officers in a public park after hours, thereby necessitating the provision of Miranda warnings.1 The officers had discovered a firearm in a nearby trash can, and Leggette ultimately confessed to possessing the gun and being a felon. The district court