Daily Archives: May 21, 2017

CA11: Shooting of ptf during drug raid was reasonable and subject to QI

This § 1983 case arose from a shooting death by police during execution of a drug search warrant. The pre-search briefing told the officers that the suspect inside was involved in drug dealing and was likely armed, so a no-knock … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off

IA: Def plead guilty and later overruling of case law suggested the stop was unreasonable; no IAC claim on direct appeal

An LPN check showed the 77 year old owner of the car had an expired DL. When the officer encountered the driver, it was obviously not the owner because of age. It was the owner’s daughter. The officer shortly determined … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off

CA1: 82 minute stop was with RS

Reasonable suspicion developed from defendants’ stop to extend it for 82 minutes. United States v. Ramdihall, 2017 U.S. App. LEXIS 8727 (1st Cir. May 18, 2017).* Defendant was stopped by police after getting off Amtrak at Minot ND. A great … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

TX4: Conversation over fence with officer led to consent

The conversation with the officers led to a consent search. There were no weapons shown or coercion, and officers had a fence between them and the defendant. Anthony v. State, 2017 Tex. App. LEXIS 4478 (Tex. App. – San Antonio … Continue reading

Posted in Consent | Comments Off