This week we look at a traffic stop case, United States v. Gurule[1], that touches on a number of issues – requiring passengers to exit the vehicle during the stop, consent to search, and frisking the passenger during a consent search. I often say that the success or failure of a case is often determined based on a matter of seconds and the quality […]
Detention and Frisking of Car Passenger was Proper Continue Reading
Certainly, there is a great deal of discussion among law enforcement, the media, and the public concerning ICE operations at large employment centers. Do undocumented workers have 4th Amendment protections in these situations and, if so, can evidence of alienage be suppressed if improperly secured by officers or ICE agents at the scene? Let’s take a look at the facts in the Cruz[1] case
Undocumented Alien’s 4th Amendment Protections during ICE Detention Continue Reading
Over the last several NTOA publications the Legal Counsel section has fielded several articles dealing with mental health issues and the legal use of force when dealing with non- criminal subjects suffering some type of mental health episode. The purpose of today’s article is to review the current status of case law across the country dealing with this issue and ask the question –
Written By: Captain Joseph Race, Esq. With the DLG First Amendment Summit around the corner how about a look at some issues covered under the Freedom of Religion. Over the past several years, multiple police departments, sheriff’s offices, and detention facilities have been sued for civil rights violations for forcing Muslim women to remove their hijab during the booking process. Below, we will discuss
Freedom of Religion in the Booking Process Continue Reading
On March 29, 2019 the Connecticut Supreme Court officially released the opinion in the matter of the State of Connecticut v. Robert John Purcell (the full opinion can be found here SC19980 ). The Connecticut Supreme Court decided whether the standard of Davis v. United States, 512 U.S. 452 (1994) (stating that after a defendant has been advised of his/her Miranda rights, “the police
Sergeant Joe Friday in the show Dragnet may have set the standards in 1950’s with his alleged catch phrase “just the facts, ma’am.” In 1986 the Supreme Court set a standard for officers with respect to arrest warrant affidavits. The standard set by SCOTUS in Malley v Briggs has remained with us for over 30 years and the case is still often cited to
“Just the Facts, Ma’am…” Continue Reading
Several months ago, a case came out of the 1st Circuit involving the arrest and search of Marquis Aiken at a hotel room in Maine. An issue arose from that case questioning whether Aiken, a non-registered guest in the motel room, was entitled to the same reasonable expectation of privacy as the registered guest. The 1st Circuit determined that, for a number of reasons,
How Far Can a Terry Stop Reach? Continue Reading
In US v. Morales, an 11th Circuit case from July 2018, involved officers searching a home based on consent provided by the leaseholder and occupant of the home.[1] The defendant, Jose Morales, claimed he also lived in the house with his girlfriend and their children and his girlfriend’s mother’s consent was not enough to allow the search when he was physically present outside the
Co-Occupant Must Object to Invalidate Consent Continue Reading
In January 2019, a case came out of the Supreme Court involving the City of Escondido, its police department, and issues of misconduct and accountability.[1] Marty Emmons filed a lawsuit against Escondido police officers for excessive force. The question in this qualified immunity case is whether two police officers violated clearly established law when they forcibly apprehended a man at the scene of a
Before we get into our current case, let’s take a look back at Graham v Connor, as the Graham factors will come into play in Glasscox v. City of Argo. In Graham, the plaintiff (Graham) was suffering from a diabetic reaction but police believed he may have been involved in suspicious behavior at a drug store. During the ensuing investigative detention, officers used force