The suspect used his shoe to “augment the kicks and stomps,” so a dangerous weapon sentencing enhancement fits.
When the Shoe Fits: Court Rules Tennis Shoe Fits the Legal Definition of Deadly Weapon
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Category: Legal/Case Law
Court Upholds Warrantless Search of Abandoned Cell Phone
Keith Brown sought to have the warrantless search of his cell phone suppressed, but a court ruled the abandonment doctrine applies.
No Expectation of Privacy in Car Parked in Apartment Building Lot
In United States v. Jones, the court ruled a car parked in a shared lot has no greater privacy expectation than if it were parked at the curb.
Jampy Gets Jumpy: 8th Circuit Upholds K9 Search Where Dog Jumps into Car
On the surface, United States v. Pulido-Ayala looked like a case questioning whether a detection dog’s instinctive jump into a vehicle constituted a Fourth Amendment search. But the judges saw things differently.
Obtaining Cell Site Location Information Is a Fourth Amendment Search
Landmark Supreme Court case indicates a search warrant is needed for obtaining CSLI—but leaves open the possibility for significant restrictions.
Cheetah’s Kin Not Entitled to Writ of Habeas Simia
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Nonhuman Rights Project, Inc. v. Lavery, (N.Y. 2018) Tommy and Kiko, two chimpanzees—and likely distant cousins of Cheetah, Tarzan’s beloved simian companion—are not...
Unauthorized Driver May Be Able to Contest Search of Trunk
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Byrd v. United States, (2018) Terrence Byrd asked his former girlfriend, Latasha Reed, to rent a car for him. Reed signed a contract certifying she had a valid driver...
Retaliation Versus Discrimination in the Fire Service
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Editor’s Note: This is the first in a series of articles in which Curt Varone will address questions on important fire service legal issues. If you would like to submit a...
Bursting Bladder Doesn’t Render Breath Test Involuntary
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Motor Vehicle Administration v. Smith, (Md. App. 2018) An officer stopped Megan Smith at 0200 for driving without headlights. As the officer spoke to Smith, he detected an...
Four-Hour Unreasonable Detention of Witness Violated Fourth Amendment
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Lincoln v. Scott, (5th Cir. 2018) Officers were dispatched to a report that John Lincoln was armed and intended to shoot his mother. When officers arrived, only John and...
Police Use of Force Legislation: The (Un)Intended Consequences of CA AB931
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]With the introduction of California Assembly Bill 931 (AB931), voters in California have an important choice to make: Allow politicians to advance hastily written,...
No Basis for Demanding Passenger ID Results in Illegal Detention
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Johnson v. Thibodaux City, (5th Cir. 2018) Jackalene Johnson, Dawan Every, and Kelly Green were riding in a truck driven by Latisha Robertson. An officer recognized...