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Article • December 21, 2017
Filed under: Searches, Arrest Warrants
Voluntary Surrender to Arrest Warrant is Fourth Amendment Seizure by David Reutter by David Reutter The Fifth Circuit Court of Appeals affirmed a federal district court's dismissal of a Fourth Amendment claim on grounds that surrendering arrest warrant is a Fourth Amendment seizure, it was not clearly established so as …
Article • December 20, 2017
$12,500 Settlement in Oregon Unlawful Search and Seizure Lawsuit by Christopher Zoukis by Christopher Zoukis An Oregon man and woman who claimed that Portland police violated their civil rights by unlawfully searching their home have settled a federal lawsuit for $12,500, plus attorney's fees. Sarah Hill and Brent Lopez had …
Article • December 19, 2017
Filed under: Police Misconduct, Searches
Kentucky Cop Resigns After Unconstitutional Search by Christopher Zoukis by Christopher Zoukis A Hopkinsville, Kentucky police officer submitted his resignation September 5, 2017 rather than be fired for several warrantless searches of a home. Officer Jason Brent responded to a home on South Campbell Street in Hopkinsville after receiving a …
Article • December 19, 2017
Filed under: Police Misconduct, Searches
New Jersey Supreme Court Provides Guidance on “Exigent Circumstances” Warrantless Searches by Christopher Zoukis by Christopher Zoukis The New Jersey Supreme Court issued a ruling on July 25, 2017 in which it granted qualified immunity to a police officer accused of a police-created “exigent circumstances” search. But in the process …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Searches, Arrestee Searches
Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest by Christopher Zoukis by Christopher Zoukis The Idaho Supreme Court handed down an opinion on September 22, 2017 that clarified an important exception to the requirement that police officers obtain a warrant prior to conducting …
Article • December 19, 2017 • from CLN January, 2018
New York City Quietly Assembling Massive Unregulated DNA Database by Derek Gilna by Derek Gilna Add overly aggressive collection of DNA samples from often unwitting individuals to the list of questionable police tactics in New York City with which criminal defense attorneys and the general public must now deal. Operating …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Searches, Expert Witnesses
Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit reversed the dismissal of unreasonable seizure and First Amendment violation claims. The Court held that there were disputed issues of material fact on whether police had …
Article • December 19, 2017 • from CLN January, 2018
Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims by Mark Wilson by Mark Wilson Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought …
Brief • December 13, 2017
Castro v. McFadden, AZ, Police Forces Marijuana Ingestion, Settlement, City Council Agenda, 2017 PHOENIX CITY COUNCIL FORMAL AGENDA WELCOME! Thank you for participating in the process of representative local government. We welcome your interest and hope you and your neighbors will often attend Phoenix City Council meetings. Democracy cannot endure …
Article • December 7, 2017
Expert Opinions Sufficient to Dispute Material Facts for Denial of Summary Judgment by David Reutter By David Reutter A Michigan federal district court held that an Eaton County, Michigan Sheriff's sergeant had "arguable probable cause" to stop and detain a motorist for flashing his high beams at him as they …
Article • December 1, 2017
$6.375 Million to Exonerated Former Prisoner by Christopher Zoukis By Christopher Zoukis A man who was wrongfully convicted of rape and attempted armed robbery agreed in August 2013 to accept $6.375 million to settle his claim that he was wrongfully convicted and imprisoned for over a decade. Larry Gillard was …
Article • November 30, 2017
Fifth Circuit Dismisses Interlocutory Appeal of Roadside Body-Cavity Search Suit by Matthew Clarke by Matt Clarke On January 12, 2017, the Fifth Circuit court of appeals dismissed the interlocutory appeal of a deputy sheriff who was a bystander when a Texas Department of Public Safety (DPS) officer conducted a roadside …
Article • November 16, 2017
$6.7 Million to Cali. Mom After Police Broke Her Ankle During Warrantless Entry by Derek Gilna by Derek Gilna A San Jose woman, Danielle Burfine, won a settlement of $6.7 million for a federal civil rights lawsuit from the city of Santa Clara. Police body cam footage shows that on …
Article • November 16, 2017
South Dakota Supreme Court Holds Warrantless Use of Pole Camera Outside Residence for Two Months Constitutes a Search in Violation of Fourth Amendment by Richard Resch by Richard Resch After receiving a tip that a known drug dealer had been visiting Joseph Jones’ residence, police installed a pole camera, without …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Employee Searches
Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment by Derek Gilna by Derek Gilna The Justice Policy Center, part of the nonprofit Urban Institute, released a March 2017 report examining the impact criminal background checks have on employment and recidivism. According to a recent study, …
Article • November 16, 2017 • from CLN December, 2017
Filed under: Searches
Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit held that the warrantless seizure of a handgun did not fall within the Plain View exception and was thus an illegal seizure. …
Article • November 16, 2017 • from CLN December, 2017
D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions by Richard Resch by Richard Resch In September 21, 2017, the District of Columbia Court of Appeals, the highest court in D.C., ruled that the warrantless use of a cell-site simulator (the generic …
Article • November 16, 2017 • from CLN December, 2017
Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary by David Reutter by David Reutter The U.S. Court of Appeals for the Eleventh Circuit upheld a warrantless home search that was consented to as a result of a ruse by law …
What Happens When A Troubled Police Department Refuses To Reform? by by Nick Wing and Dennis Domrzalski ALBUQUERQUE ― Early on the morning of Aug. 24, 2016, two Albuquerque police officers responded to a 911 call at an apartment complex on the city’s west side. Inside, they found the remains of …
Article • October 24, 2017
$6,700 Jury Award in San Antonio Texas Police Brutality Case by Christopher Zoukis A six person federal jury found for the plaintiff in a 42 U.S.C. § 1983 excessive force case on January 29, 2013. The plaintiff, Gwendolyn Evans, claimed that San Antonio, Texas police officers Felipe Ramos and James …
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