US v Highbull 8th Cir (6JUL2018)
United States v Highbull Private search and recovery of defendant’s cellphone by ex-girlfriend does not constitute government action as to trigger Fourth Amendment applicability.
Podcasts
Carpenter v. United States – Special Supreme Court Edition
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.
Collins v Virginia – Special Supreme Court Edition
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.
The Case of the Gun and Dunn
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 …
Blue Short – Byrd v. United States
This is a quick case summary of Byrd v. United States – USSC May 2018
The Case of the Show and Tell Entries
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 …
The Case of the Ducky Deal
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 …
The Case of the Frisky Bullet
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 …
The Case of the Backside Duplex
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.
The Case of the Neighbor with a Knife
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 …