Summary judgement granted for officer taking a noncompliant, physically resistant suspect to the ground
Facts On August 18, 2017, Bellaire police officer Travis Younger arrived at the scene of a traffic accident along Texas’s IH-610. Morgan Grice had rear ended another driver and badly smashed the front of her Subaru hatchback. Grice spoke to Officer Younger with slurred speech and her eyelids drooped. Officer Younger asked Grice several times […]
Cash seized via plain view but drug test kit was not properly seized under inventory search or search incident to arrest
Facts The Drug Enforcement Administration (“DEA”) was provided information that Terrence Spidell Durham was involved in the distribution of cocaine. He allegedly attempted to buy multiple kilograms of cocaine in Houston, Texas to distribute on the East Coast. DEA agents began investigating Durham and coordinated with the Houston Police Department to surveil Durham, and he […]
Odor of marijuana provided the reasonable suspicion to extend the traffic stop
Facts Latorris Conley appeals his conviction of possession of a firearm and ammunition by a convicted felon, see 18 U.S.C. § 922(g)(1), and the resulting 70 months of imprisonment. Conley argues that the district court erred by denying his motion to suppress the evidence seized from the search of the vehicle he was driving, contending that […]
Affidavit was not bare-boned and thus good faith exception applies
Facts Tylan Tilford entered a conditional guilty plea to possessing a firearm as a felon, in violation of 18 U.S.C. § 922(g), reserving the right to appeal the denial of his motion to suppress evidence recovered from his residence pursuant to a search warrant. He contends the district court erred by applying the good-faith exception […]
Reckless disregard not found in accident resulting in death
Facts William and Lynda Irwin (Maxwell as an heir brought suit) were driving westbound on Highway 6 through Panola County. In Panola County, Highway 6 is a four-lane divided highway that runs concurrent with U.S. Route 278. Mrs. Irwin was driving an SUV, going 75 miles per hour in a 65 miles-per-hour zone. Highway 6 […]
Search warrant was not bare boned and thus good faith exception applied
Facts Per a state-issued search warrant containing allegations from a confidential informant that Jimel Harris possessed crack cocaine, law enforcement searched a hotel room where Harris was present. The search yielded 6.9 ounces of synthetic marihuana, cash, cell phones, and a digital scale with cocaine residue. Harris moved to suppress all evidence seized. He said that […]