Daily Archives: December 28, 2019

S.D.Tex.: Anonymous 911 call brought police to local store; seizures and patdowns were without RS

An anonymous 911 call about suspicious men in a small town store brought police. Because the town was small, it was easy to identify strangers, and the officers encountered them inside the store and brought them out. Ultimately there was … Continue reading

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OH10: 911 call from ID’d person two men waving guns in a library is RS

911 call from an identified person that two men were waving guns in a library was reasonable suspicion. State v. Davidson, 2019-Ohio-5320, 2019 Ohio App. LEXIS 5399 (10th Dist. Dec. 24, 2019).* Defendant fails in his ineffectiveness claim. “Even assuming … Continue reading

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S.D.N.Y.: Alleged violation of Florida law by def’s arrest there where local officer assisted federal officers wasn’t a 4A violation

An alleged violation of Florida law in defendant’s arrest there with the participation of local law enforcement isn’t shown to be a Fourth Amendment violation. “And Teman has not cited any authority so holding or, for that matter, treating such … Continue reading

Posted in Conflict of laws, Reasonableness | Comments Off on S.D.N.Y.: Alleged violation of Florida law by def’s arrest there where local officer assisted federal officers wasn’t a 4A violation

CA9: DC erred in defining 4A at too “high [a] level of generality”; school officials get QI

Plaintiff was restrained in school for behavioral problems. The case law is not clear as to whether this was a Fourth Amendment violation or not because some restraint in school is reasonable. The district court found a Fourth Amendment violation … Continue reading

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CA9: Not clearly established that shooting a bloody man waving a sharp stick at adults and children at a soccer field was clearly established

Plaintiff was bloody and wielding a sharp stick at adults and children at a soccer field. He disobeyed police commands. He was finally shot when he was kneeling and far enough away from others that he was a lesser threat. … Continue reading

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MI remands for an evidentiary hearing on actual or apparent authority

The court of appeals is reversed and the case remanded to the trial court for a hearing on actual and apparent authority and the reasonableness of the officer’s belief there was any authority at all, actual or apparent. People v. … Continue reading

Posted in Apparent authority, Consent | Comments Off on MI remands for an evidentiary hearing on actual or apparent authority

SD: That same traffic stop issue was rejected before this one denies state reasonable mistake of law argument

The court previously held that two of three brake lights emitting only red light and one with a hole in it also emitting white light wasn’t a traffic offense. Therefore, the state couldn’t use a claim of objectively reasonable mistake … Continue reading

Posted in Reasonableness, Seizure | Comments Off on SD: That same traffic stop issue was rejected before this one denies state reasonable mistake of law argument

E.D.Tenn.: Dog sniff of car left parked on street was reasonable

The police used a dog to sniff around a car parked on the street that they believed belonged to defendant but defendant disavowed. No search warrant was needed. United States v. Davis, 2019 U.S. Dist. LEXIS 219490 (E.D. Tenn. Dec. … Continue reading

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NY4: Anonymous call confirmed by observation was RS

“[T]he police had reasonable suspicion justifying the forcible detention of defendant ‘based on the contents of a 911 call from an anonymous individual and the confirmatory observations of the police’ …. [¶] Furthermore, even assuming, arguendo, that defendant established that … Continue reading

Posted in Immigration arrests, Reasonable suspicion | Comments Off on NY4: Anonymous call confirmed by observation was RS