Category Archives: Due process

CA9: Officer putting gun to head of handcuffed compliant suspect and threatening to kill him was excessive force, but QI applied

“Examining the facts in the light most favorable to plaintiff, the non-moving party on summary judgment, the panel assumed that the police officer did indeed point his gun at plaintiff’s head and threatened to kill him. The panel held that … Continue reading

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TN: Judge who issued SW can also try the case

It doesn’t violate any law or constitutional provision for a state trial court judge to issue a search warrant and then preside over the trial of the case. McKinley v. State, 2018 Tenn. Crim. App. LEXIS 91 (Feb. 9, 2018). … Continue reading

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OH4: Padlocked bedroom in house shared with probationer couldn’t be searched by PO

Police and a probation officer entered defendant’s premises because his housemate was on probation. A padlocked bedroom could not be searched because there was no reason to believe it was the probationer’s. One officer testified to hearing noises inside, another … Continue reading

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AK: The exclusionary rule does not apply in DL suspension proceedings, except where there is conduct shocking to the conscience

The exclusionary rule does not apply in drivers license suspension proceedings, except where there is conduct shocking to the conscience. Here, it’s not. Garibay v. State, Dept. of Administration, Division of Motor Vehicles, 2014 Alas. LEXIS 222 (November 28, 2014). … Continue reading

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CA2: State officers lied about body cavity SW for def’s wife; suppressed as to her but not him; no standing

State officers in Vermont “outrageously” lied to defendant’s wife to get her to submit to a body cavity search for drugs after she’d been detained nearly six hours and was groggy and hanging her head from being handcuffed to a … Continue reading

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NM: BAC blood draw by SW doesn’t require arrest already have occurred

A BAC blood draw by search warrant does not require the defendant be under arrest first. “[A] constitutionally permissible search of a person’s blood may arise either from an arrest pursuant to the Implied Consent Act or a valid search … Continue reading

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CA5: Border Patrol agent could be sued in federal court for shooting a kid across the border in Mexico

A Border Patrol agent in El Paso shot and killed a young man in Mexico who was playing with his friend, running down and touching the border fence and running back. The friend was lucky and captured; Hernandez was shot … Continue reading

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CA3: Due process clause not the Fourth Amendment governs claims for a coerced false confession and years of false imprisonment

The due process clause not the Fourth Amendment governs claims for a coerced false confession and years of false imprisonment. Halsey v. Pfeiffer, 750 F.3d 273 (3d Cir. 2014): Section 1983 provides a civil remedy for the “deprivation of any … Continue reading

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