The judge did not determine whether Outland knowingly and intelligently waived his Miranda rights
Miranda Waiver Valid in ICU After Heroin OD?
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Impound Leads to Discovery of Guns and Drugs
The court held the impoundment was proper and, if the impoundment was proper, the inventory search was lawful
Officers Try to Avoid an Arrest and De-Escalate and Are Rewarded with a Lawsuit
The court commended the officers’ attempts at de-escalation
No Seizure Without Submission, Applying the New Torres Seizure Doctrine
The appellate court held there was no Fourth Amendment seizure
Qualified Immunity for Deputy Who Used Suspect as a Human Shield in a Gunfight
No prior cases suggested that the deputy’s “split-second decision to open fire was unlawful”
Seized – But Not Stopped – by a Bullet
A Fourth Amendment seizure requires the use of force with intent to restrain
Investigation by the Numbers Supports Valid Search
The deputy started with reasonable suspicion to stop the suspect
Open Door Late at Night Doesn’t Justify Entry into Home
Court: “Reasonable police officers acting as community caretakers should have left the home”
Guessing a Warrant Might Exist Won’t Validate a Frisk
They offered no specific and articulable facts
K9 Deployment and Bite Duration Were Proper
The court credited the officers for their measured force options
Welfare Check Leads to Valid Frisk and Seizure of Gun
Court: The deputy’s actions were reasonably related to community caretaking
Improper Protective Sweep Invalidates Search Warrant
The court of appeals held there was no basis for the protective sweep