Statement not suppressed when Agent presented miranda card in spanish to subject
Facts Rodrigo Napoles Briseño arrested for kidnapping by cartel members. (Facts removed for brevity and to focus on Miranda issue). Immediately after the arrest, FBI agents took Briseño to a local jail and booked him into custody. None of the arresting officers spoke Spanish, but the agent interviewing Briseño was a “level two Spanish speaker,” […]
Detention proper and no retaliation found by officers
Facts (If you are new to 1983 actions, click here for help) Ismael Rincon owns an empty, unimproved plot of land along the northern shoreline of the Rio Grande River in Laredo, Texas. Rincon regularly parked his Ford truck at this plot, and in March 2019, the truck was vandalized. To prevent any further vandalism […]
Qualified immunity denied when officer kills homeowner at “open structure call”
Facts (If you are new to 1983 actions, click here for help) On October 12, 2019, at 2:25 a.m., the Fort Worth Police Department received a phone call from one of Atatiana Jefferson’s neighbors. The neighbor told the police that he was concerned that Jefferson’s front door was open. The neighbor also explicitly said that […]
Private search doctrine used for examination of phone by Petal police department
Facts In November 2019, Sarah and her two minor children, Jane and John, lived with Sarah’s boyfriend, William Jeffrey Knight, who was not the biological father of either child. Sarah had begun to suspect Knight was cheating on her, so she resolved to search his cell phone for evidence of infidelity. Although Sarah paid for […]
It is not an interrogation when the subject re-initiates conversation with police
Facts On October 31, 2020, the Jackson Police Department dispatched officers to 636 Lowder Drive. When Officer Reginald Craft arrived, the medical first responders were outside the home treating seventeen-year-old L.T., who was severely injured and unresponsive. Craft went inside, where he found Danny Dabbs and LaTiffany Chambers. Upon entering the house, Craft testified that […]
Tupelo’s stop and search of vehicle was proper
Facts On May 31, 2021, Eric Lamont Turner and his wife, Venise Brown, engaged in a day-long verbal altercation. The Tupelo Police Department was dispatched numerous times to 2000 Nell Street where the couple lived. The second time police answered the call, Brown told them that Turner had a weapon in the trunk of his […]