On May 17, 2021, the United States Supreme Court (SCOTUS), in Caniglia v. Strom, examined whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home as it does in the motor vehicle context. SCOTUS unanimously held that it did not. Facts During an argument with his wife at their home, Edward Caniglia retrieved a handgun from the bedroom, put it […]
SCOTUS: “There’s No Place Like Home” Continue Reading
Today, we will head to the Sunshine State to review a case involving an OUI stop, and arrest followed by an eight-hour detention. The problem in this case arises shortly after the arrestee, Seana Barnett, arrived at the booking facility and blew a .00. This case took a circuitous path from the initial stop on March 15, 2014 to the final 11th Circuit ruling issued on April 15, 2020. And, believe it or not, the case was still not over.
Continued Detention After Finding of No PC – Eleventh Circuit Continue Reading
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
UOF Following a Pursuit and Plaintiff Safety – Third Circuit Continue Reading
Today’s case is both entertaining and enlightening. You know that saying, “You can’t make this stuff up”? Well today’s case has some of that “stuff”. There are of course some learning points as well in this case that are worth reviewing. We have discussed protective sweeps in prior updates and the ability to conduct a warrantless search of a home based on exigent circumstances. Of course, each of these exceptions to the 4th Amendment warrant requirements comes with limitations.
Protective Sweep/Exigent Circumstances Continue Reading
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,
United States v. Brinkley, “Knock and Talk without Probable Cause” Continue Reading
Over the last few years, several cases have arisen where officers have fired at moving vehicles. This continues to be the subject of debate among officers, legal counsel and the courts. In each case the outcome is critically dependent on the facts determined either through the police report, deposition testimony or video footage. Even though a vehicle shooting incident is highly dependent on the individual facts of that particular
Shooting at Moving Vehicles – Orn v. City of Tacoma Continue Reading
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
Automated License Plate Readers, LEARN – Ninth Circuit Continue Reading
Under the Fourth Amendment, unreasonable searches and seizures of “persons, houses, papers and effects” are prohibited. That last term, “effects,” means personal possessions, which includes cell phones, computers, vehicles, and every other article of moveable property. Another “effect” that we do not often thing of as such, is “man’s best friend”. Because a dog is also an “effect”, the shooting and killing of a
Civil – Dog Shooting – Ray v. Roane Continue Reading
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
Show-up, ID – Eighth Circuit Continue Reading
On March 25, 2021, the United States Supreme Court (SCOTUS), in the matter of Torres v. Madrid,1 clarified the meaning of “seizure” under the Fourth Amendment and whether a seizure occurs when officers use force that does not result in the actual restraint of the individual. In this case, the question before the court was “whether a seizure occurs when an officer shoots someone who temporarily
SCOTUS considers when a shooting by the police can be considered a seizure Continue Reading