Terry Stop Inside a Home Requires Exigent Circumstances
The government may not conduct the equivalent of a Terry stop inside a person’s home without exigent circumstances, the Eleventh Circuit held this week.
D.C. Circuit: Knock-and-Announce Violations
Special Agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives began investigating Mr. Michael Weaver in 2008. Agents searched through trash outside his home and found marijuana.
Court-Ordered DNA Collection to Exclude Officers from Investigation Permissible
Court orders for collection of DNA evidence from police officers for the sole purpose of excluding those officers as sources of DNA found at a crime scene is constitutionally permissible, according to the Ninth Circuit.
Stored Communications Act Provision Found Unconstitutional
In early 2011, Mr. Aaron Graham committed a string of robberies in the Baltimore, MD area. After robbing a Dollar Tree store, a jewelry store, a 7-Eleven, and a gas station, on February 5, 2011, at approximately 3:29 p.m., Mr. Graham entered a Burger King restaurant in Baltimore.
Ninth Circuit: Sexual Assaults by Federal Detainees are Federal Crimes Even If Occurring in a Non-Federal Facility
On March 5, 2009, Mr. Sabil Mumin Mujahid was arrested in Anchorage, Alaska, on Federal firearms charges, specifically for being a felon in possession of a firearm. A firearm was discovered in his vehicle when he appeared at a local courthouse for a bail hearing on a state drug charge.
Seventh Circuit: Mere Verbal Protest Insufficient for Joint Occupant to Negate Consent to Search by Other Joint Occupant
A warrantless search of a basement for her live-in grandson’s explosives did not violate the grandson’s Fourth Amendment rights, where he was not an active participant in the request for the grandmother’s consent, according to the U.S. Court of Appeals for the Seventh Circuit.
Seventh Circuit: Drug Dog’s Alert Still Established Probable Cause Despite Troublesome 93% Alert Rate And Rewards Incentivizing False Positives
On October 14, 2010, Officer Aaron Veerman of the Bloomington, Illinois Police Department ran a license check on a vehicle registered to Tonya Smith of Kankakee, Illinois, but Ms. Smith’s driver’s license had expired eighteen years earlier.