by Matt Clarke
The U.S. Court of Appeals for the Seventh Circuit reversed the convictions of two federal prisoners who had been found guilty of using and discharging firearms during a crime of violence in violation of 18 U.S.C. § 924(c). In doing so, the Court held that the ...
by Matt Clarke
Police misconduct takes on many forms, from unjustified violence, murder, torture, sexual assault, theft of evidence—usually cash or drugs—and extortion, to actively assisting or participating in organized crime. However, this article will focus on a narrow segment of the many-faceted police misconduct problem—misconduct that leads to wrongful ...
by Matt Clarke
The U.S. Court of Appeals for the Sixth Circuit held that chalking the tires of parked vehicles to gather information about whether they have committed a parking violation constitutes a search for Fourth Amendment purposes and that, at the pleading stage of the current case, neither the motor vehicle nor the community caretaker exception applies to the warrantless search.
Alison Patricia Taylor received a lot of parking tickets from the City of Saginaw, Michigan.
Between 2014 and 2017, Tabitha Hoskins chalked Taylor’s tires 15 times, and each time, she issued a parking citation that included the date and time the chalk was placed on the tires. Citations cost $15 and upward.
Taylor filed a civil rights action under 42 U.S.C. § 1983 against the city and Hoskins. She argued that chalking her tires without a warrant or her consent violates her Fourth Amendment right to be free of unreasonable searches. The district court granted defendants’ motion to dismiss after finding that chalking was a search but is reasonable because of the lesser expectation of privacy in a motor vehicle and because it was subject to the community caretaker exception to the warrant requirement. Taylor appealed.
The ...
by Matt Clarke
Earlier this year, the Supreme Court of Vermont issued a 51-page unanimous decision holding that, under Article 11 of the Vermont Constitution, law enforcement is liable for discriminatory searches and seizures.
On a snowy day in 2014, Gregory W. Zullo, who is black, was pulled over by ...
by Matt Clarke
The U.S. Supreme Court has declined to review a Seventh Circuit decision permitting the seizure of a parked vehicle for a parking violation, permitting evidence developed during the seizure to be used against one of the vehicle’s passengers. This leaves the Seventh Circuit decision in force.
On ...
by Matt Clarke
In a case of first impression, the Supreme Court of Kansas held it was double jeopardy to correct the sentence of a man who was convicted of aggravated sexual battery—to impose the lifetime post-release supervision mandated by statute after his illegally-imposed sentence had been completely served. ...
by Matt Clarke
The Supreme Court of North Dakota held that a district court erred when it dismissed a prisoner’s application for postconviction relief after the State filed its answer “but was not put on notice that the State had effectively motioned for summary disposition” of the ...
by Matt Clarke
The U.S. Court of Appeals for the Eighth Circuit reversed and vacated a federal prisoner’s special conditions of supervised release prohibiting the consumption of alcohol and setting a curfew.
Under a binding plea agreement, David Bell pleaded guilty to conspiracy to distribute marijuana and conspiracy to commit ...
by Matt Clarke
At a recent hearing, former Broward County, Florida, Sheriff’s Deputy Scot Peterson claimed that he had no legal duty to protect the children inside the Parkland high school he was assigned to while Nikolas Cruz committed mass murder.
Broward County Circuit Judge Patti Englander Henning disagreed, ...
by Matt Clarke
The U.S. Court of Appeals for the D.C. Circuit held that prior convictions for attempted distribution of, and attempted possession with intent to distribute drugs, could not be used to render a criminal defendant a career offender under § 4Bl.l(a) of the U.S. Sentencing Guidelines. The Court ...
