During the strip search portion of an arrest, a suspect possibly feigned a seizure and was observed “pushing his finger in his anus attempting to conceal an item” in a plastic baggie. Paramedics took him to a hospital where a doctor unsuccessfully tried to remove the baggie by inserting his fingers into the suspect’s rectum. […]
No Fourth Amendment Violation.
After a high speed chase, when the suspect’s car was flush against a patrol car, the suspect continued to accelerate and the officer fired three shots into the suspect’s car. Almost hitting an officer in the process, the suspect managed to drive away. Officers fired 12 more shots, striking the suspect and his passenger, who […]
To Err Is Human, And To Blame It On A License Plate Computer Is Even More So — Robert Orben.
Plaintiff was driving along and police made a “high risk” stop. They held her at gunpoint, handcuffed her, forced her to her knees and detained her for 20 minutes. Turns out, the Automatic License Plate Reader [ALPR] made a mistake, and identified her car as a stolen vehicle. Eventually the police ran a check of […]
Totality Of The Circumstances: What Happens After Someone Drops A Dime?
CHP officers observed nothing unusual, but pulled the pickup over anyway. They smelled marijuana and searched the truck, finding 30 pounds of weed. They arrested the two men inside. The men moved to suppress the evidence, arguing the traffic stop violated the Fourth Amendment because the officer lacked reasonable suspicion of criminal activity. This case reached […]
En Banc Opinion Changes Everything. No Fourth Amendment Protection In Hotel Registry Records.
Last year, we reported the following: No Fourth Amendment Protection In Hotel Registry Records. A Los Angeles City ordinance requires hotel operators to maintain certain registry information concerning guests, including their names, addresses and vehicle information, and to make the information available to police officers upon request. Motel operator challenged the ordinance, arguing it amounted to an unreasonable […]
An Unconstitutional Search No Longer From Warrantless Entry Into Curtilage Of Home.
Case Reported Last Year On our Blog, Now Heard By U.S. Supreme Court. Last year, we reported the following: Plaintiff was standing behind the gate at the entrance to her home when a police officer kicked it down and knocked her unconscious. The officer believed his warrantless entry into the curtilage of plaintiff’s home was […]
Fundamental Fairness And Your Tax Dollars At Work.
Undercover agent met with defendants with a story he was a cocaine courier who transported drugs for a group of Mexican drug dealers and was unhappy with the pay he was receiving. He said he was interested in robbing those Mexican drug dealers as retribution for his low pay. He recruited defendants to carry out an […]
No Qualified Immunity For Deputies Who Shot Terminally Ill Man.
In the early morning, a wife observed her terminally ill husband, who was suffering from brain cancer, go to his truck, retrieve his gun and load it with ammunition. She called 911, but he told her to hang up and she did. Police nevertheless responded, and the wife explained the situation. The husband came into view […]
Hate Crime Statute Applied Against Police Officers.
The Bane Act ( Hate Crime Statute ) allows the Attorney General or any city or district attorney to sue in equity “[i]f a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by […]
Run Out Of Baggies? Warrantless Search Of Marijuana Is The Result!
Police seized a package from a private shipping company after a shipping employee contacted the police department to report that the package smelled of marijuana and had been dropped off for shipment to an Illinois address. Without a warrant, police opened the box and found 444 grams of marijuana. The California Supreme Court held the defendant’s […]