The officer performed what the court described as “the old highway patrol ‘two-step’”
Stop Leads to Voluntary Encounter, Dog Sniff and Drug Seizure
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Dude, That Fentanyl Brick Isn’t Mine!
A reasonable officer could believe the driver and passenger were in a “common enterprise” to possess the fentanyl
Officer Had No Reason to Demand Identification
The appellate court held the detention was not supported by reasonable suspicion
More Cowbells for Abortion Protesters
The trial court applied the proper legal analysis to the very complicated question of the First Amendment impact
Dueling Claims to Gun Ownership Fail: “Hell, No,” I’m Not Touching That Gun!
The court held that “protesting innocence is not a get-out-of-pretrial-detention-free card”
Jury Could Reject Chicken-Protection Theory for Gun Possession
The appellate court rejected Urbina-Rodriguez’s claim that the only reasonable explanation for having the rifle on hand was his concern for the poultry
Officer Not Entitled to Qualified Immunity for Shooting into Car
Qualified immunity is meant to protect “all but the plainly incompetent or those who knowingly violate the law”
Parking Violation Legitimate Basis for Stop and Frisk
The suspect claimed the officer did not have reasonable suspicion for the traffic stop
No-Knock Door Opening with Passed Out Driver
This logic may well be followed by other courts applying Jones’ trespass analysis to an array of Fourth Amendment questions
There’s No Such Thing as a Free Lunch, but What About Free Speech for Officers?
Courts apply the Pickering test to determine whether a government employer infringed on an officer’s First Amendment free expression rights
Interference with Man Recording Police Rewarded with Lawsuit
Several federal circuit courts of appeal have upheld the right to record police carrying out their official duties in public
Flying the Finger Leads to a Traffic Stop, Then a Lawsuit
It is well-established law that a person can lawfully flip the bird at an officer