Second entry into home by police was consensual
Facts Police arrived at Ezekiel Lozano’s home in response to a report of a domestic disturbance—the 911 caller stated that her sister, Lozano’s ex-girlfriend, had called her from that location stating that someone had hit her and that the call then abruptly ended. The responding officer found the ex-girlfriend outside Lozano’s home and noted broken […]
Evidence obtained 26 minutes after traffic stop is reasonable in this case
Facts In 2018, Texas Department of Public Safety (“DPS”) Agent Andrew Papanos spoke with a street level heroin dealer about his supplier. The dealer provided the supplier’s nickname, “Casper,” and a physical description: a heavyset Black male with yellow or blond dreadlocks who drove a black sports car, which may have been specifically identified as a […]
Court constricts, even if it does not quite eliminate, damages actions under Bivens
Facts Robert Boule owns a bed-and-breakfast—the Smuggler’s Inn—in Blaine, Washington. The inn abuts the international border between Canada and the United States. Boule at times helped federal agents identify and apprehend persons engaged in unlawful cross border activity on or near his property. But Boule also would provide transportation and lodging to illegal border crossers. […]
actual possession established if an officer witnesses the defendant tossing an object later found to be drugs
Facts In 2020, Vicksburg Police Department Investigator Donnie Heggins was on patrol with Investigator Mario Grady and Lieutenant Jeff Merritt. They noticed a GMC Acadia with a temporary license plate parked with its lights on in the middle of a lane of traffic on Bowman Street. Heggins turned on his blue lights, but the Acadia […]
Checkpoint for drivers license and insurance does not violate the 4th amendment
Facts In 2019, Stephen Borsi along with his passenger, Christopher Hathaway, was stopped by Mississippi Highway Patrol (MHP) at a safety checkpoint on Highway 80 in Rankin County, Mississippi. The MHP’s general practice was to stop all vehicles that passed through the checkpoint unless traffic became too heavy. Immediately, while Borsi was producing the driver’s license, Trooper Willard […]
Subject’s minimal education did not prove a lack of the capacity to voluntarily waive his rights
Facts At eight years old, Stacy began living with her father after her mother passed away. Stacy’s father and Donald Jolly were friends and neighbors. Over the years, Stacy and her siblings spent time with Jolly, riding four wheelers around their homes and hunting in nearby communities. Stacy made allegations to family members that Jolly had […]