Podcasts

US v Aiken 1st Cir (18DEC2017)

US v Aiken 1st Cir (18DEC2017)

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

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.

US v Pulido-Ayala 8th CIR (5JUN2018)

US v Pulido-Ayala 8th CIR (5JUN2018)

K9 Jampy was told to “find it” and immediately tugged at LEO towards open door. Jampy then went into the car and alerted. Held: Assuming for the sake of analysis that the dog’s entry into the vehicle was a “search” under the Fourth Amendment, we conclude on the facts here that the search was justified by probable …

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Gorman v Mississippi 5th CIR (6JUN2018)

Gorman v Mississippi 5th CIR (6JUN2018)

Accidental discharge of firearm causing fatal injury is not a Fourth Amendment violation.  Held: Under established Supreme Court precedent, a Fourth Amendment seizure does not occur whenever there is a governmentally caused termination of an individual’s freedom of movement but only when there is a governmental termination of freedom of movement through means intentionally applied. “There …

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Manners v Cannella 11th CIR (4JUN2018)

Manners v Cannella 11th CIR (4JUN2018)

Plaintiff was arrested for failing to pull over immediately for Hollywood, Florida police officer. Plaintiff sued under 1983 action. Held: Because the officers had probable cause to arrest Manners and did not violate clearly established constitutional law during his arrest, the officers were entitled to qualified immunity from the civil rights claims. A finding of probable cause …

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Vos v City of Newport Beach 9th CIR (11JUN2018)

Vos v City of Newport Beach 9th CIR (11JUN2018)

What do you do when a schizophrenic on amphetamine and methamphetamine enters a 7-11, brandishes scissors, momentarily takes a hostage,  cuts another patron, and then runs out the door charging police officers?  Well in the Ninth Circuit you had better not shoot him because, in their opinion, a reasonable jury could conclude that this “does …

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United States v. Serrano-Acevedo 1st CIR (13JUN2018)

United States v. Serrano-Acevedo 1st CIR (13JUN2018)

Evidence discovered warrantless search of a house is excluded and conviction is vacated.  The Buie (Protective Sweep) Doctrine did not apply under these facts to justify warrantless entry into home after warrantless arrest outside of home. Furthermore, the Attenuation Doctrine did not save the evidence. To download a complete PDF copy of the opinion, click here.