Today’s Legal Update from the Tenth Circuit highlights excessive force being used after a suspect is handcuffed. In all use of force cases, the courts spotlight Graham v. Connor, which held that a claim of excessive force by law enforcement during an arrest, stop, or other seizure of an individual is subject to the objective reasonableness standard of the Fourth Amendment, rather than a […]
Pepper Spray and Unreasonable Use of Force Continue Reading
In this week’s case, the Seventh Circuit explores the scope and limitations implicit within the reasonable suspicion requirement, as applied in the context of an officer-suspect pat down during the execution of a traffic stop. The general standard governing a suspect pat-down during a traffic stop requires that, “To justify a pat-down of a driver or a passenger during a traffic stop, the police
Suspicious Behavior Leads to Three Pat-Downs Continue Reading
Post the Supreme Court’s ruling inVega v. Tekoh, today we will highlight a case from the Eleventh Circuit that focuses on when Miranda rights should be read and when they do not have to be based on whether or not a person is in custody. In the Miranda context, a person is in custody when he/she finds themself in “circumstances that are thought generally
Am I Under Arrest? Continue Reading
Our case today arises from a decision by the Eighth Circuit Court of Appeals. The suspect today fell victim to a false advertisement published by an undercover agent, and was subsequently arrested for engaging in said ad. The suspect claims that the officers lacked probable cause in arresting him. Although the officers did not have a warrant for his arrest, the suspect’s illegal intentions
Utilizing the Search Incident to Arrest Exception Continue Reading
Today’s case from the Eighth Circuit is an interesting one, mainly because it involves a wannabe lawyer who may or may not be involved in sex trafficking. Before we dive in to this crazy case, let’s review the preparation of a warrant with a special focus on establishing probable cause using hearsay: There are three key components to a search warrant: (1) particularity of
What Types of Information Establish Probable Cause? Continue Reading
Our case comes to us today from the Eighth Circuit. The themes surrounding this case include involuntary statements and the plain view doctrine. First, what makes a statement involuntary during an interrogation? According to United States v. Vega, “A statement is involuntary when it was extracted by threats, violence, or express or implied promises sufficient to overbear the defendant’s will and critically impair his
What Makes a Statement Involuntary During an Interrogation? Continue Reading
Today’s case out of the Seventh Circuit proves that you should be careful when using an informant who has an axe to grind. An FBI agent finally took the bait from Stafford Garbutt to look into misconduct at a government agency, after he was demoted and stripped of his title. Often when dealing with cases that involve agents of the government, there are different
An Informant with an Axe to Grind Continue Reading
Today’s case from the Eighth Circuit involves officers locating two naked fugitives and conducting a protective sweep. ATF was later called in when a firearm was found during the initial search. Two cases to note to better understand our case today. First, in United States v. Cedano-Medina, the standard was set that a “warrantless search is valid if conducted [based on] knowing and voluntary
Naked Fugitives and Protective Sweeps Continue Reading
Today’s case, United States v. Miles, is another traffic violation coming to us from the First Circuit. The trooper in today’s case has an excellent memory, and as a result he was able track down our suspect who was in possession of illegal drugs. The Court uses Whren v. United States, in their argument. In Whren, SCOTUS held that the reasonableness of a traffic
Objectively Reasonable Facts and Hidden Agendas – United States v. Miles Continue Reading
As we have discussed in previous training sessions, protests at City Council meetings and town halls are becoming more frequent. Today’s case, Williamson v. City of National City, took place in a City Council meeting. When evaluating a Fourth Amendment claim of excessive force, the court will ask whether an officer’s actions were objectively reasonable considering the facts and circumstances surrounding the incident. While
The Force Must Match the Circumstance Continue Reading