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Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur
Loaded on Jan. 15, 2023
by Harold Hempstead
published in Criminal Legal News
February, 2023, page 26
by Harold Hempstead
The U.S. Court of Appeals for the Fifth Circuit held that the U.S. District Court for the Western District of Louisiana erred in finding that a Fourth Amendment stop did not occur when “deputies flagged down [Neguel A.] Morris’s car, or when they ordered him to get ...
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More from this issue:
- The Debunking of Forensic Science: A Decade of Increased Scrutiny Reveals Forensic Processes Prone to Bias and Error, by Casey Bastian
- California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal, by Douglas Ankney
- You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, by Nisha Whitehead, John W. Whitehead
- Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop, by Anthony Accurso
- Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6), by Douglas Ankney
- California Court of Appeal: Kill-Zone Theory Principles Articulated in Canizales Are Retroactive to Judgments That Were Final at Time of Decision, by Jacob Barrett
- Florida Supreme Court Announces Completed ‘Purchase’ of Drugs Under Trafficking Statute Requires Exchange of Money and Possession, by David Reutter
- Police Digitally Frame Activists in India, but It Can Happen Anywhere, by Jayson Hawkins
- Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant, by David Reutter
- Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, by Harold Hempstead
- Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in Counsel’s Possession, by Douglas Ankney
- Los Angeles: Police Union Resists Changes to Pretextual Stops, by Jayson Hawkins
- Police Find It Easier to Influence Public Opinion Than to Protect and Serve, by Benjamin Tschirhart
- Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error, by David Reutter
- Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State, by Douglas Ankney
- California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition, by Douglas Ankney
- Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment, by Douglas Ankney
- Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction, by Douglas Ankney
- NYC: The First DNA Gun Crimes Unit in America, by Harold Hempstead
- Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint, by Matthew Clarke
- Traditional Forensic Ballistics Comparisons Giving Way to Virtual 3D Methods, by Casey Bastian
- The National Registry of Exonerations 2021 Annual Report: 161 Exonerations Comprising 1,849 Years of Wrongful Imprisonment, by Casey Bastian
- Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention, by Douglas Ankney
- Mislabeling of Marijuana Products Is a National Problem, by Kevin Bliss
- Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes, by Casey Bastian
- Police Foundations: The Impossible Task of Separating the World of Policing From the World of Corporate Money, by Casey Bastian
- People Convicted of Sex Crimes Remain Incarcerated 25 Years After Completing Their Prison Sentences, by Douglas Ankney
- Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program, by Casey Bastian
- News in Brief
- Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures, by Jacob Barrett
More from Harold Hempstead:
- Florida Returning Canteen Funds for Prisoner Programming, July 15, 2023
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, June 15, 2023
- Massachusetts Settles One of Three Suits Alleging Retaliation by Prison Guards for Assault on One of Their Own, June 1, 2023
- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, May 15, 2023
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, May 1, 2023
- Sixth Circuit Won’t Hold Michigan County Liable After Mentally Ill Prisoner Impregnates Another, April 19, 2023
- Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, April 15, 2023
- Former CoreCivic Guard Pleads Guilty to Deprivation of Tennessee Prisoner’s Rights, April 1, 2023
- Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, March 15, 2023
- Maryland Court of Appeals: ‘No Objection’ to Introduction of Evidence at Trial That Was the Subject of Denied Motion to Suppress Does Not Waive Right to Appellate Review of Denial, March 15, 2023
More from these topics:
- Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop, Nov. 1, 2024. Traffic Stops, Terry Stops.
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, Oct. 1, 2024. Procedural Default/Error, Right to Testify, Right to Testify/Remain Silent.
- SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge, Aug. 1, 2024. Probable/Proximate Cause, False Arrrest/Malicious Prosecution, Terry Stops.
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024. Contractor Misconduct, Police Misconduct, Police, Terry Stops, Suspicionless Searches.
- Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search, Feb. 15, 2024. Terry Stops, Pat Down Searches, No Suspicion of a Crime, Suspicionless Searches, Anonymous 911 Call.
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
- Third Circuit Vacates Denial of First Step Act Relief Because District Court’s Failure to Expressly Identify Which § 841(b) Provision Supported Sentence Precludes Appellate Review, Oct. 1, 2023. First Step Act, Procedural Default/Error, Resentencing.
- SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, May 15, 2023. DNA Testing/Samples, Procedural Default/Error.
- Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, April 15, 2023. Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made.
- Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, April 15, 2023. Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error.