Fourth Amendment

United States v. Terrill Rickmon, Sr. (7th Cir. March 2020)

In a matter of first impression involving the use of ShotSpotter, GPS-enabled technology that detects gunfire, the Court held that there was reasonable suspicion to stop a vehicle emerging from an area where gunfire was detected based on the short lapse of time between the detection and the stop, the vehicle's proximity to the area, the behavior of the occupants, and other circumstances.

Continue reading

United States v. Robert Warren Scully (5th Cir. March 2020)

The Court affirmed the defendant's conviction, holding that the good faith exception applied to law enforcement's search of two separate addresses despite only identifying one address in the search warrant. The Court noted that the lack of signs distinguishing the two addresses and their proximity made it reasonable for the officers to treat the two addresses as one.

Continue reading

United States v. Corey Smith (5th Cir. March 2020)

The Court affirmed the defendant's conviction, holding that a traffic stop was not unlawfully prolonged where the officers had reasonable suspicion to stop the vehicle and asked questions about the driver and passengers' reasons for travel and destination, and new reasonable suspicion was created based on "implausible elements" and contradictory answers in the driver and passengers' responses to the questioning.

Continue reading

United States v. William Dale Wooden (6th Cir. December 2019)

The Court held that the defendant's consent for an undercover officer to enter his house was not tainted by "police deception." While the officer did not identify himself as law enforcement to the defendant when he asked to talk to the defendant's wife and to step inside "to get out of the cold," the officer did not take any affirmative acts to conceal his identity from the defendant. The Court also held that Wooden’s burglary convictions under Georgia law qualified as crimes of violence under the ACCA.

Continue reading

  • 1
  • 2
  • 5
Published by Pate, Johnson & Church
Contact Tom Church at tom@patejohnson.com with any comments, questions or feedback.

© 2020 The Federal Docket