Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Seventh Circuit: Warrantless Public Pole Camera Surveillance Is Not An Unlawful Search Under The Fourth Amendment

From 2013 to 2016, several law enforcement agencies investigated a methamphetamine distribution conspiracy in Illinois. The government installed three cameras on nearby utility poles to monitor the home of defendant Travis Tuggle. Two cameras viewed the front of Tuggle’s home and a nearby parking area. The third camera viewed a shed owned by codefendant, Joshua Vaultonburg.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Seventh Circuit: Facebook’s Reporting of Child Pornography Does Not Make It a Government Actor

In 2018, Alexander Bebris sent messages to a woman via Facebook Messenger, a private messaging system on Facebook. Facebook Messenger utilizes PhotoDNA, a Microsoft image-recognition program that provides the capability to scan images uploaded onto the company’s platform and compares the “hash,” or essence of a photo, with a database of known images of child pornography. After a “hit,” Facebook reviews the flagged images and sends them to the National Center for Missing and Exploited Children (“NCMEC”) through the CyberTipline.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Eighth Circuit: Automobile Exception Applies to Temporarily Immobile Vehicles

On April 16, 2019, Des Moines police officers responded to various calls of gunshots fired at an apartment complex. The callers reported 3 potential suspects and 2 cars associated with those suspects. One caller described a suspect as a black male with dreadlocks in a white shirt and dark blue pants, a description fitting Shaun Short that evening. Callers also reported that one of the cars involved was a black Dodge Charger, the same make and model car owned by Short.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Supreme Court Holds That Officers’ Pursuit of a Fleeing Suspected Misdemeanant Does Not “Categorically” Justify Warrantless Entry to the Home

Yesterday, in an opinion authored by Justice Kagan, the Supreme Court issued an order on United States v. Lange, and held that the flight of a suspected misdemeanant does not always justify the warrantless entry of a police officer into a home. FEDagent previously reported on this case when the Court granted certiorari.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Tenth Circuit Finds Probable Cause to Enter Defendant’s Trailer and Execute Arrest Warrant

On August 1, 2013, FBI Special Agent Bryan Acee was undercover and observed Matthew Maley engage in a drug deal out of his travel trailer in an RV park in Las Cruces, NM. Acee also observed a green Range Rover and a black Dodge pickup truck nearby. Officers performed a background check on Maley and found that he was a convicted felon on probation.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

The Supreme Court Holds That Tribal Officers May Stop and Search Non-Indians on Tribal Lands

In February 2016, Officer James Saylor of the Crow Police Department was traveling on a public right-of-way that passes through the Crow Reservation in Montana. Saylor saw a truck parked on the side of the highway, and pulled up to see if its occupants needed assistance. Saylor approached the truck and spoke to the driver, Joshua James Cooley.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Seventh Circuit: Independent Grounds Needed to Prolong a Pretextual Stop

On June 25, 2018, Illinois State Trooper Clayton Chapman was on highway patrol duties and received a message from Deputy Sheriff Derek Suttles about a hatchback with a California license plate on Interstate 72. Deputy Suttles reported to Trooper Chapman that the vehicle was going approximately 20 mph under the speed limit, and found it suspicious.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Eighth Circuit: Officers Denied Qualified Immunity after Search of Entire Domicile Not Justified under Community Caretaker Exception

In the middle of the night, a drunk man in his 30s took a taxi from St. Louis to Ballwin, Missouri, asked the taxi driver to stop on the street near the home of Jon Luer and his wife, Andrea Steinebach, and exited the taxi without paying his $65 fare. The driver reported the fare skipper to the police at 2:38 am, and officers arrived on the scene 2:45 am.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

First Circuit: Warrant or Reasonable Suspicion Not Needed for Basic Border Searches of Electronic Devices

Plaintiffs, ten U.S. citizens and one lawful permanent resident, brought suit against the Secretary of the U.S. Department of Homeland Security (DHS) Kirstjen Nielsen, Acting Commissioner of the U.S. Customs and Border Protection (CBP) Kevin McAleenan, and Acting Director of U.S. Immigration and Customs Enforcement (ICE) Thomas Homan, alleging that certain CBP and ICE policies and practices violated their Fourth Amendment rights.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Third Circuit: Federal Civilian Dual Status Technicians Not Covered under the Uniformed Services Exception to Reduced Social Security Benefits

Floyd Douglas Newton worked as a National Guard dual status technician from 1980 until 2013. A dual status military technician is a federal civilian position supporting the Selected Reserve or armed forces. Though civilians, dual status technicians are required to maintain National Guard membership, hold a particular military grade, and wear appropriate military uniform, among other requirements.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Fifth Circuit: No Fourth Amendment Standing in Another Person’s Cell Site Location Information

While conducting a narcotics investigation, the Monroe Police Department learned from drug dealers and cooperating witnesses that Matthew Beaudion and his girlfriend, Jessica Davis, were distributing drugs. Officers obtained Davis’s phone number from one witness. The witness also told the officers that Beaudion and Davis planned to drive from Houston to Monroe with four pounds of meth.

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