Published by: Pate and Johnson Law

United States v. Paul Johnson Jr

United States v. Paul Johnson, Jr., No. 16-15690 (April 16, 2019), EN BANC The Court held that a police officer did not exceed the scope of a permissible Terry frisk by reaching into the defendant’s pocket and seizing ammunition and a holster after feeling the bullet during the frisk. Under the totality of circumstances, going […]

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United States v. Bechir Delva, Dan Kenny Delva,

United States v. Bechir Delva and Dan Kenny Delva, No. 16-12947 (April 29, 2019) The Court affirmed the defendants’ convictions, holding, among other things, that there was probable cause to justify warrantless search of the defendant’s vehicle where officers could tie the vehicle to identity fraud, the defendant’s repeated use of an access device to […]

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United States v. Willie Cooks

United States v. Willie Cooks, No. 18-10080 (April 3, 2019 The Court held that a warrantless search of a boarded-up crawlspace in the defendant’s house was reasonable based on exigent circumstances indicating there may have been hostages in the crawlspace. Officers had just arrested the defendant after a stand-off that included hostages and during which […]

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United States v. Reginald Gibbs

United States v. Reginald Gibbs, No. 17-12474 (March 6, 2019) The Court affirmed the denial of the defendant’s motion to suppress finding that the traffic stop leading to the search and seizure of the defendant’s firearm was reasonable despite the officers arriving with their guns drawn and the fact that the defendant was not the […]

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United States v. Lee Saint Fleur

United States v. Lee Saint Fleur, No. 18-11309 (February 20, 2019), UNPUBLISHED The Court affirmed the district court’s denial of a motion to suppress based on the independent source doctrine. The officer’s affidavit in support of the application for a search warrant contained sufficient evidence to support probable cause based on his initial entry into […]

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