Daily Archives: September 16, 2018

CA11: Tasering elderly man suffering a severe hypoglycemic episode five times and while trying to comply was excessive

“Mr. Glasscox, [an apparently elderly man] who lives with Type 1 diabetes, suffered a severe hypoglycemic episode while driving his pickup truck on Interstate 59 South near the City of Argo, Alabama. His condition caused him to begin driving erratically. … Continue reading

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S.D.Fla.: The FTC sought an order of production of cell phones and laptops for search in an action for injunction; production not testimonial and PC shown

The FTC sued defendants for injunctive relief and sought an order for production of cell phones and laptop computers. On the first issue of preservation of the Fourth Amendment claim in addition to the clearly asserted Fifth Amendment, the court … Continue reading

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CA5: 2 am knock-and-talk that led to alleged consent and excessive force claim gets no QI

2 a.m. knock and talk may have been unreasonable, and summary judgment for officers is reversed. Plaintiff closed her door and they insisted upon entry. The officers were investigating whether plaintiff’s son committed trespass that night. Plaintiff also stated a … Continue reading

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CA9: No articulable facts could be given for exigent based entry into apt; “lack of information is the opposite of articulable facts.”

There was no objectively reasonable basis for an emergency entry into defendant’s apartment because the police said that somebody might need immediate assistance. Defendant grabbed his waistband when running, but no gun was ever seen. “[L]ack of information is the … Continue reading

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IL: Unambiguous traffic statute wasn’t subject to Heien good faith mistake argument

The traffic statute defendant was alleged to have violated was unambiguous, and the court finds defendant didn’t violate it. Therefore, there can be no reasonable good faith reliance on the statute to salvage the stop. People v. Walker, 2018 IL … Continue reading

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M.D.La.: Typo in the address of the place to be searched not fatal where officers surveilled it before

There was an error in the address on the search warrant, but it’s clear to the court that there was no likelihood that the wrong apartment would be searched because the officers had surveilled it. There was reasonable suspicion for … Continue reading

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OR: Failure to appeal order denying return of property precludes later relief

Defendant’s denial of his motion for return of property was a final appealable order, and his failure to appeal foreclosed later recovery. State v. Fenton, 294 Ore. App. 48, 2018 Ore. App. LEXIS 1091 (Sep. 13, 2018). Defense counsel made … Continue reading

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