In this episode of Broadcast Blue, Bruce-Alan Barnard discusses the Fourth Amendment issues presented in United States v. Aiken. In this case, the First Circuit applies a three-prong test to determine if the guest of a guest in a motel room has a “reasonable expectation of privacy” in the motel room.
Carpenter v United States – Special Supreme Court Edition. The US Supreme Court holds that the Third-Party Doctrine does not apply to Cell Site Location Information (CSLI) and it may be reasonable to expect privacy in location information held by third-party cellphone service providers.
In this Special Supreme Court Edition of Broadcast BLUE, Bruce-Alan Barnard analyzes the recent United States Supreme Court decision in Collins v. Virginia where the court held that the Automobile Exception applies only to the vehicle and cannot be used to justify a warrantless entry into the curtilage where the vehicle is located.
US v Alexander 2nd Cir. 01MAY2018 Bruce’s Brownbag Wednesday 2018-15 The Second Circuit applied the Dunn factors to determine that an officer unlawfully searched within the curtilage where two sub-machine guns were found in a bag in a chair next to a shed a few feet from the back door. This is a good case … + Read More
Montanez v. Carvajal, 11th Cir. May 2018 – Bruce’s Brownbag Wednesday Webinar 2018-14 This case is about a detention that leads to an arrest outside of a dwelling in Deland, Florida. During the detention/arrest, law enforcement officers enter and leave a dwelling six times before obtaining a warrant for the seventh entry. The Eleventh Circuit … + Read More
BB2018-13 United States v. Flores (1st Circuit 25 April 2018) This is a case about a tip that turns into a warrantless arrest outside of the hotel in Brunswick Maine that evolves into a warrantless search of the hotel room followed by a warrant application and a subsequent search pursuant to the warrant. The Fourth … + Read More
BB2018-12 United States v. Johnson, 11th Cir. March 2018 This case involves the response to a 911 call reporting a burglary that results in a Terry Stop, a Terry Frisk, the retrieval of one round of ammunition and a holster, and the search for the firearm to which they belong. Bruce lines up the Fourth … + Read More
United States v. Maxi – 11th Cir. (April 2018) This is a case about a warrantless encounter at a Miami duplex that turns into an arrest, a protective sweep, a warrant application and a full-blown search, and the seizure of drugs and guns.
In this edition of Bruce’s Brownbag Wednesday, Bruce reviews the recent Supreme Court decision Kisela v. Hughes issued by the court on April 2, 2018. BLUE KEY PHRASES: Use of Force Deadly Force Qualified Immunity Clearly Established BLUE KEY CASES: Tennessee v. Garner, 471 U. S. 1 (1985) Graham v. Connor, 490 U. S. 386 … + Read More
In this episode, Bruce-Alan Barnard reviews a 42 USC 1983 civil suit for excessive use of force resulting in the death of the suspect. KEY PHRASES: Use of Force Deadly Force Qualified Immunity KEY CASES: Graham v. Connor, 490 U.S. 386 (1989) Tennessee v. Garner, 471 U.S. 1 (1985) Saucier v. Katz, 533 U.S. 194 … + Read More
In this audio recording of Bruce’s Brownbag Wednesday Webinar 2018-07, Bruce discusses the legal aspects of US v. Rasberry. This case is from the First Circuit and was released in February 2018. KEY PHRASES: Consent to Search Terry Stop Terry Frisk Arrest Search Incident to Arrest KEY CASES: Terry v. Ohio, 392 U.S. 1 (1968) … + Read More
Bruce’s Brownbag Wednesday Webinar 2018-06 In Search of the Reasonable Officer This week Bruce discusses the development of the “reasonable officer standard” in Graham v Connor and the practical and political problems with the application of the standard. The Elie Mystal quote is from the More Perfect podcast episode called “Mr. Graham and the Reasonable … + Read More
Winfrey v. Rogers (5th Cir. Feb. 2017) – The is a 1983 civil suit for malicious prosecution with the primary issue on appeal focused on Qualified Immunity. This is the audio recording of Bruce’s Brownbag Wednesday Webinar 2018-05 aired on 7 Feb 2018. Key Terms: Probable Cause Malicious Prosecution Fourth Amendment False Affidavit Qualified Immunity … + Read More