Trash pull from curtilage of home is legal
Facts John Lee conditionally pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846, and to one count of possession of firearms by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), reserving his right to contest the denial of his motion to […]
Officer had reasonable suspicion to prolong stop and probable cause to search vehicle
Facts (If you are new to 1983 actions, click here for help) On March 2, 2020, Yoel Weisshaus was traveling with a passenger, Ms. Lee, from Oklahoma to Scottsdale, Arizona when he was pulled over in Texas by Officer Teichelman for speeding and displaying an obscured license plate and registration insignia. Teichelman requested to see […]
Audio and video recordings with CI do not require a warrant
Facts On February 24, 2021, John Netherland was indicted by a Neshoba County grand jury and charged as follows: John Edward Netherland . . . on or about May 2, 2019, did wilfully, unlawfully, feloniously and knowingly sell and deliver to MBN confidential informant #104-2019, a Schedule II controlled substance, namely Methamphetamine, in the amount […]
officer’s investigation was reasonable and led to probable cause
Facts (If you are new to 1983 actions, click here for help) Stephanie Springer owns and operates a gym, Texas Fitt, where Dare Matthews trained for roughly one month. During this period, she states that she had only limited interactions with Springer, having only exchanged “courtesy hellos” on one occasion. Matthews and Springer’s relationship quickly […]
SWAT team commander granted qualified immunity after leading team to wrong house
Facts (If you are new to 1983 actions, click here for help) In March 2019, at approximately 7:15 p.m., Waxahachie Police Department (“WPD”) SWAT Team Commander Mike Lewis received a call from a Drug Enforcement Agency (“DEA”) officer. The DEA officer needed assistance executing a search warrant that night on a suspected methamphetamine “stash” house […]
Automobile exception justified search of truck
Facts After the Upton County Sheriff’s Office dispatched a deputy to investigate an erratic driver, the responding officer quickly identified the vehicle: A speeding white truck, driven by James Mitchell Phillips, weaving in and out of lanes and crossing over the road’s shoulder. The deputy triggered his lights to get Phillips’s attention, but Phillips continued […]