Stop and search of vehicle was proper
Facts Felipe De Jesus Gutierrez conditionally pleaded guilty to one count of possession with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and 18 U.S.C. § 2 (defining principals), reserving his right to contest the denial of his motion to suppress evidence. He challenges the district […]
Summary judgement granted for officer who killed subject but did not see gun
Facts (If you are new to 1983 actions, click here for help) On June 25, 2018, Luis Argueta and his girlfriend, Mary Ann Luna, drove to a convenience store in Galveston around 3 a.m. According to Luna, Argueta intended to buy a cigar. While Argueta was inside the store, Officer Derrick Jaradi and his partner, […]
a reasonable amount of force may be used to detain a subject even if that subject is not being arrested
Facts (If you are new to 1983 actions, click here for help) On March 16, 2019, Officers Garcia and Domer separately responded to a call concerning a disturbance at Los Cucos Mexican Restaurant in Katy, Texas. Garcia and Domer pursued two vehicles containing individuals involved in the disturbance. Upon locating the vehicles, observing two individuals […]
Handcuffing did not constitute excessive force
Facts (If you are new to 1983 actions, click here for help) Andrew Trevino sought damages for injuries he alleged resulted from Detective Price’s use of excessive force in handcuffing him on November 9, 2021. (no other facts provided) Analysis The evidence before the district court, including video evidence of Trevino’s handcuffing and re-cuffing with […]
Warrant obtained in good faith so motion to suppress denied
Facts On April 26, 2020, Travis County, Texas dispatchers were notified that a trailer was on fire in the city of Austin, Texas. Following firefighters’ efforts to extinguish the fire, a woman’s body—later determined to be Dana Crocker-Norman—was found in the wreckage of the trailer. Crocker-Norman’s boyfriend, Billy Wayne Hope, III, was informed of the […]
Odor of marijuana justified automobile exception search of vehicle
Facts Cerissa Lynette Sanders was convicted of unlawful possession of a firearm by a felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court sentenced her to 21 months of imprisonment and three years of supervised release. Sanders appeals the district court’s denial of her motion to suppress the firearm that was […]