An officer may enter a home without a warrant if he has an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.
Facts In SCOTUS Brigham City v. Stuart, 547 U. S. 398 (2006), this Court held that police officers may enter a home without a warrant if they have an “objectively reasonable basis for believing” that someone inside needs emergency assistance. The question presented is whether that standard means that officers must have “probable cause” for […]
Subject not in custody at the VA Hospital when he made incriminating statements
Facts On the morning of February 5, 2022, Pitipong Daengbunga walked into the emergency room (ER) at the Veterans Affairs hospital (VA) in Biloxi. Upon arriving, Daengbunga proceeded to the customer service area and informed personnel that he wanted to speak with VA police. Officer Scott Smith responded to the ER, introduced himself to Daengbunga, […]
Body camera footage blatantly contradicted subject’s account of facts
Facts (If you are new to 1983 actions, click here for help) In May 2022, Yoni Perdomo worked as a subcontractor on a residential remodeling in League City, Texas. The general contractor on the project terminated Perdomo’s employment in the middle of the project. After his termination, Perdomo returned to the project site, allegedly to […]
Qualified immunity granted after handcuffs damaged stent
Facts (If you are new to 1983 actions, click here for help) In November 2020, the Rosenberg, Texas Police Department received a report that a group of armed suspects had pointed a firearm at several bystanders. The report included a description of the suspects’ vehicle: a white Dodge Charger with black rims and tinted windows. […]
Protective sweep of vehicle requires immediate access to weapon and finding that person is potentially dangerous
Facts On July 26, 2023, a magistrate judge in the Northern District of Texas issued a warrant for Tony Lee Johnson’s arrest. Johnson had failed a series of drug tests in violation of the terms of his supervised release; he was serving a 2006 sentence for drug and aiding-and-abetting offenses. The United States Marshals Service […]
Constructive possession of methamphetamine and motion to suppress statement denied
Facts While conducting a safety checkpoint on behalf of the Neshoba County Sheriff’s Department one afternoon in October 2022, Investigator Patrick Burt and Deputy Matthew Winstead noticed a truck attempt to avoid the checkpoint by pulling into a nearby driveway. Quickly realizing the driveway was gated off, the driver of the truck had to back […]