Daily Archives: December 2, 2016

SCOTUS cert grant: County of Los Angeles v. Mendez: excessive force

SCOTUS grants cert in County of Los Angeles v. Mendez, 16-639, cert. pet. here, granting on questions 1 and 3. Questions presented: In a 42 U.S.C. § 1983 action, the district court concluded Los Angeles County Sheriffs Department (“LASD”) deputies … Continue reading

Posted in Excessive force, SCOTUS | Comments Off on SCOTUS cert grant: County of Los Angeles v. Mendez: excessive force

Two on community caretaking stops: one valid, one not

A convenience store operator called the police to say that a woman was stuck under a BMW in the parking lot. By the time the officer arrived, the car had left so he followed it observing no erratic driving or … Continue reading

Posted in Community caretaking function | Comments Off on Two on community caretaking stops: one valid, one not

N.D.Ohio: Def’s going home after a drug deal shows nexus for SW for house

“Here, the affidavit provides that the confidential informant had been providing information to the task force for 11 months, he had no criminal convictions, and his information has never been found to be false or misleading. (Aff. ¶ 13.) This, … Continue reading

Posted in § 1983 / Bivens, Informant hearsay, Nexus | Comments Off on N.D.Ohio: Def’s going home after a drug deal shows nexus for SW for house

D.Kan.: Protective sweep is different from search incident; search of trunk was excessive as a protective sweep

A protective sweep is different from a search incident and they are founded on different precepts. The search of the car interior was valid as a protective sweep, but the trunk was not. United States v. Cooks, 2016 U.S. Dist. … Continue reading

Posted in Protective sweep, Reasonable suspicion | Comments Off on D.Kan.: Protective sweep is different from search incident; search of trunk was excessive as a protective sweep