Constable in Texas did not violate another constable’s constitutional rights
Facts Ted Heap is elected constable in Harris County, Texas. Herschel Smith is elected constable in Waller County, Texas. In 2020, Smith was driving in Harris County in a county owned vehicle that displayed exempt license plates and featured red and blue emergency lights. Smith observed a car exceeding the speed limit so he flashed […]
Open fields are more restrictive for Mississippi police officers because of the Mississippi Constitution
A quick discussion of curtilage and open fields before we get to the case An area is curtilage if it harbors the intimate activity associated with the sanctity of a man’s home and the privacies of life. Courts make this determination by examining the proximity of the area claimed to be curtilage to the home, […]
Prisoner has no reasonable expectation of privacy in cell phone and warrantless search of phone is permissible
Facts In 2017, the chief records officer (CRO) at South Mississippi Correctional Institute (SMCI) received a phone call from someone claiming to be a court official. This person requested documents from Demario Walker‘s prison records. The CRO scanned and forwarded them to the e-mail address provided (court.docs.orders@usa.com). The next morning, the CRO received an e-mail […]
There is a line between filming the police and hindering the police
Facts Antonio Buehler leads the Peaceful Streets Project (PSP), a watchdog organization with the stated mission of holding police accountable for official misconduct. In 2015, Buehler and several other PSP members were cop watching in downtown Austin. Buehler regularly filmed the Austin police, and many officers were familiar with him. In footage taken by Buehler, […]
Summary judgement granted for officers who kill armed fleeing subject
Facts In 2019, Bastrop P.D. received two reports of an armed confrontation at an apartment complex. One report identified the perpetrator as Thomas Johnson who was driving a red truck with rims. Officer Joshua Green encountered a stationary red truck matching the description with flashing hazards and initiated a stop. As Green exited his vehicle, Johnson […]
Summary judgement granted for Officer who tased non compliant subject on traffic stop
Facts In 2018, Louisiana State Police Trooper Ross Brennan stopped Tim Betts for speeding and asked him to step out of his vehicle. Betts initially complied but disagreed about speeding and returned to his vehicle. Brennan asked Betts to stand at the back of his vehicle but Betts refused, saying that he was not causing […]