Category: The BLUE Blog

In “The BLUE Blog” Bruce provides timely case law updates and summaries of decisions from U.S. appellate courts that have an impact on the legal aspects of law enforcement. This is the FASTEST case law update blog anywhere on the internet!

US v Cross 8th Cir. (30APR2018)

US v Cross 8th Cir. (30APR2018)

This case is about a girlfriend who consented to the search of the defendant’s grandmother’s house where the defendant apparently lived.  Sound confusing?  It’s not really … and the court does a good job of explaining the concept of “apparent authority” consent to search. To read or download a copy of the full opinion click …

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US V Garcia 8th Cir. (01MAY2018)

US V Garcia 8th Cir. (01MAY2018)

The case involves an encounter of an Amtrak train and subsequent search of a bag that leads to the discovery and plain view seizure of methamphetamine. The court ruled the encounter was consensual and so was the search of the bag.  There is a dissenting opinion that discusses exceeding the scope of consent. For a …

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US v Thurman 7th Cir. (2MAY2018)

US v Thurman 7th Cir. (2MAY2018)

This is a case that discusses what is required for a Miranda waiver and what constitutes valid consent to search a cell phone. It’s also a good case to review what is required for invocation of counsel and what happens when a person refuses to sign a written waiver but verbally waives. For a downloadable …

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US v Hammond 10th Cir. (15MAY2018)

US v Hammond 10th Cir. (15MAY2018)

Police officers in Aurora Colorado pulled over a car for having a burned out taillight. The defendant in this case was a passenger in the vehicle. The officers identified the passenger as someone who was affiliated with the gang and was wearing gang colors. The officers conducted a pat-down frisk and found a firearm on …

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US v Ford 8th Circuit (25APR2018)

US v Ford 8th Circuit (25APR2018)

This is a case about what is required to enter a home on an arrest warrant alone to effectuate an arrest, what constitutes probable cause to believe the person to be arrested is inside the home, the extent to which a protective sweep can be conducted when effectuating the arrest, and the plain view seizure …

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US v Houck – 8th Cir (26APR2018)

US v Houck – 8th Cir (26APR2018)

This case involves the search of a recreational vehicle (RV) as the part of the premises for which a search warrant was issued.  When the officers arrived to execute the premises warrant the defendant had an RV and a pickup truck in the driveway. The truck had a trailer attachment but the RV was not connected to …

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US v Sweeney – 1st Circuit (11APR2018)

US v Sweeney – 1st Circuit (11APR2018)

This is a case about what constitutes an interrogation for Miranda purposes and what it takes in order to successfully invoke the right to counsel during a suspect interrogation. When the defendant was arrested in his home he asked the agents what the charges were against him. When an FBI agent told him that he …

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US v Plasencia – 11th Circuit (11APR2018)

US v Plasencia – 11th Circuit (11APR2018)

The primary issue in this case is whether voluntary consent to search a boat extends to searching the GPS device on board for location evidence. In this case from the 11th circuit, a park ranger asked the defendant in this case if he could search the defendant’s boat. The defendant consented both orally and by …

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McCoy v Meyers – 10th Cir (10APR2018)

McCoy v Meyers – 10th Cir (10APR2018)

As you can probably tell from the case caption, this case is a civil suit. In this 42 U.S.C. 1983 action, the plaintiff alleges that law enforcement officers used excessive force in arresting him in violation of his Fourth Amendment rights. Unfortunately, as is all too often the situation, this case started with a noncustodial …

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Lincoln v Barnes – 5th Circuit (5APR2018)

Lincoln v Barnes – 5th Circuit (5APR2018)

The plaintiff in this 42 U.S.C. 1983 civil suit against the police officers of Colleyville, Texas brought suit alleging the police violated her Fourth Amendment rights to be free from unreasonable government searches and seizures when they detained her on the scene for two hours and then transported her to the police station and questioned …

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