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Each time a suspect encounters a police officer he has two choices. He can peacefully submit and cooperate or resist. If he does the first he is guaranteed a safe encounter. If he does the second he is setting into motion a wildly unpredictable event that could lead to his demise. The choice is his to make. The police officer can only react.

 

Case Law 4 Cops contains information on hundreds of court cases. These cases are important to officers and citizens alike. The cases cover what officers can and cannot do in several areas of law. Follow the links below.

New Cases

Traffic-

US v. Miranda-Sotolongo, 13-10107-001 (7th Cir. 2016)-The defendant was stopped because the officer ran his temporary vehicle tag. The tag was not on file. The defendant had a suspended license and was arrested. The vehicle was inventoried prior to impound. The officer found two guns that lead to the defendant's felony conviction. The defendant appealed claiming that the officer had no right to arbitrarily run his tag. The court stated, "Officer Johnson had learned that the registration information on Miranda-Sotolongo's car did not appear in the database specifically designed for the purpose of verifying that information.  He had also observed that the registration tag could easily have been a home-made forgery.  In his view, these facts, taken together, meant there was a distinct possibility that the car was either unregistered or stolen.  We agree.  Although it turned out that the car was neither, Officer Johnson had the reasonable suspicion needed to justify his initial detention of the defendant in the traffic stop."

K-9-

Brown v. Battle Creek Police Department, No. 16-1575 (6th Cir. 2016)-The court held: A police officer's use of deadly force against a dog while executing a warrant to search a home for illegal drug activity is reasonable under the Fourth Amendment when, given the totality of the circumstances and viewed from the perspective of an objectively reasonable officer, the dog poses an imminent threat to the officer's safety.

Exigent Circumstances-

United States v. Gilliam, No. 15-387 (2nd Cir. 2016)-Gilliam took a minor female from Maryland to New York City for prostitution. The girl's foster mother reported her missing. The police asked the cellphone service provider for the GPS location of Gilliam's phone without a warrant. The officer claimed that the child was taken out of state for prostitution and was a serious risk of abuse and assault creating exigent circumstances. The court agreed that there was sufficient information to lead the officer to believe exigent circumstances existed and the warrantless obtaining of the suspect's cellphone location through GPS was justified.

 

Police Questioning

Counsel
Deception
Informant
Interview/Interrogation
Miranda Warning
Undercover Officer

Search & Seizure

Articles