A “determination that reasonable suspicion exists need not rule out the possibility of innocent conduct”
Heavy Fanny Pack, Oddly Carried, Justified Frisk
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Heavy Load in Pocket (and Other Factors) Did Not Justify Frisk
A dissenting judge quipped that reasonable suspicion is a “low hump” to get over
Who Controls the Rental Car?
Montalvo-Flores had a subjective expectation of privacy in the rental car
Knock, Knock—Don’t Come In!
The court held the officers “had no reasonable basis to believe that Reed posed a threat to safety”
Sticks and Stones May Break One’s Bones (and Constitute Assault), But Words? Not So Much
Court: “We first hold that Bailey’s Facebook post is constitutionally protected speech”
Conclusory Affidavit Fatal to Important Prosecution
What might have avoided suppression?
Failure to Intervene
The time is far past for agencies to provide the best training in how to intervene for a positive outcome
Qualified Immunity for Shooting Dog
“At a minimum, it was a necessarily quick decision in a gray area where officers are protected by qualified immunity”
Questionable Entry and Dubious Arrest Defeat Qualified Immunity
The takeaway for officers is to always consider whether there is a lawful basis for entering property
Enticement or Entrapment?
Lasley asked the trial court to instruct the jury on the affirmative defense of entrapment
Consent by the Numbers
“It is hard to imagine a clearer instance of consent through words and actions”
What Is Double Jeopardy (Not the Game Show)?
Soto raised a novel issue of law