The information presented in this article is for discussion purposes only. It is not legal advice no actions should be taken based on it. You should consult with your department's legal counsel for guidance. The U.S. 10th Circuit Court of Appeals has recently made a very interesting ruling on the seizure of a citizen in the 4th Amendment context when police officers turn on … [Read more...]
Deadly Force on Mentally Ill: Johnson v. City of Philadelphia
The United States 3rd Circuit Court of Appeals recently made a ruling on an officer's use of deadly force against a person suffering a mental disorder. The outcome of this case is extremely important for law enforcement officers not only in the U.S. 3rd Circuit, but across the nation. The U.S. 3rd Circuit has jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. … [Read more...]
U.S. v. Daniel: Probable Cause to Search Motor Vehicles
On January 5th, 2016, the U.S. 8th Circuit Court of Appeals decided the case of United States v. Daniel, providing an excellent review concerning police officers use of probable cause and the automobile exception to the warrant requirement. This case is particularly important in clarifying the legal requirements of officers searching a motor vehicle at a stop location. When … [Read more...]
Moore v. Pederson – Warrantless Arrests Inside the Home
The information presented in this article is for discussion purposes only. It is not legal advice. You should consult with your department's legal counsel prior to taking any action. On September 16, 2015 the U.S. 11th Circuit Court of Appeals decided the case of Moore v. Pederson. The case involves the warrantless entry into a private residence to arrest an offender … [Read more...]
Supreme Court Limits K-9 Sniffs at Stops
Information presented in this article is for discussion purposes only. It is not legal advice. You should consult with your department's legal counsel before doing anything. The United States Supreme Court has ruled on another use of K-9 units at traffic stops that will have significant impact on the way law enforcement can use this vital tool in the detection and … [Read more...]
United States v. White (2015): Searches and Parolees
The information presented here is for discussion only. It is not legal advice and should not be used as such. You should talk to your department's legal team prior to taking any action. The United States 7th Circuit Court of Appeals has recently decided the case of United States v. White (2015), which will provide significant guidance to law enforcement officers dealing with … [Read more...]
United States v. Fermin – Building a Case on Reasonable Suspicion
The information presented in this article is for discussion purposes only. It is not legal advice. You should contact your department's legal counsel for guidance on the topics presented by the author. On November 14, 2014 the U.S. 1st Circuit Court of Appeals decided an appeal to a case involving the reasonable suspicion investigation of officers assigned to a High … [Read more...]
U.S. v. Reid, Evidence from an Arrestee’s Home
Editor's note: The information in this article is presented for general discussion and is not legal advice. Many of the laws have changed since this article was written. You should not rely on this information. You should consult with your department's legal team for guidance. On October 20, 2014, the case of United States v. Reid was decided by the 8th United States Circuit … [Read more...]
U.S. v. Molsbarger – Hotels & 4th Amendment
AUTHOR'S NOTE: This case is from the U.S. 8th Circuit Court of Appeals and therefore establishes strong precedence, even with other Circuits. However, the staff at BlueSheepDog are not legal advisors, and strongly recommend that readers refer to their State Statutes and confer with local Prosecutors before taking action in regards to this decision. … [Read more...]
Exigent Entry & Plain View – U.S. vs. Andino
The United States Second Circuit Court of Appeals decided the case of United States v. Andino on September 16, 2014. The case centered around the warrantless entry by law enforcement into a home based upon the belief by officers that exigent circumstances existed - the destruction of evidence. The subsequent seizure of evidence in plain view once inside the … [Read more...]