There is no requirement that an officer issue a citation for the predicate traffic violation to have a valid stop or search.
Facts At approximately 11:10 p.m. on the evening of January 17, 2021, Deputy Ben Bryok of the Tate County Sheriff’s Office initiated a traffic stop of a vehicle for failing to use a turn signal. Deputy Bryok approached the vehicle, and the driver identified himself as Glenn Rash. Rash’s girlfriend, Anna Rook, owned the vehicle. […]
Reasonable suspicion for stop cannot (and was not) based solely on seeing bulge that appeared to be a gun
Facts On March 16, 2022, federal agents stopped Damion Wilson pursuant to SCOTUS Terry v. Ohio, 392 U.S. 1 (1968). As he was approaching Wilson, Deputy U.S. Marshal Michael Atkins noticed a bulge in Wilson’s waist area that seemed like a hard object. Based on his training, Deputy Atkins believed the object was a concealed […]
Qualified immunity for officers who detained the wrong man
Facts (If you are new to 1983 actions, click here for help) In August 2020, San Antonio Police Officer Richard Serna responded to a domestic violence call at an apartment complex. As Serna approached, he saw Mathias Ometu, leaving that complex on foot. Ometu is a heavily-bearded black man, and he was wearing a green […]
Officer’s mistake reasonably extended stop which led to discovery of drugs
Facts At around 9:00 p.m. on February 18, 2021, Officer Mark Moore noticed a Camaro at the Big Z gas station in Rhome, Texas that lacked a front license plate, in violation of Texas law. Moore used his police vehicle’s computer to run a license plate check, but inadvertently mistyped the license plate number. The […]
Officer improperly searched home and seized teenagers without exigent circumstances
Facts (If you are new to 1983 actions, click here for help) In October 2018, Megan McMurry resided in a gated apartment complex in Midland, Texas with her daughter, J.M., (then age fourteen) and son C.M. (then age twelve). J.M. took classes virtually from home, C.M. attended Abell Junior High School (Abell), part of the […]
Using taser not clearly established in this case as being unreasonable
Facts (If you are new to 1983 actions, click here for help) On July 7, 2021, Nickolas Trabucco parked at a gas station in Hernando, Mississippi, where Andres Rivera was filling up his patrol car. Rivera saw Trabucco drive up, finished filling up his car, and then walked over to the driver’s side of Trabucco’s […]