Summary judgement granted for officers who took subject to ground for public intoxication arrest
Facts In 2019 Officer Samuel Serrett pulled over driver Timothy Robinson and his girlfriend Jessica Solis for failing to properly signal and driving outside of his lane. Serrett believed that either Robinson or Solis (or both) may have been intoxicated so he requested backup. Robinson was eventually arrested after he refused a field sobriety test. Solis began recording the […]
Summary judgement granted for officer arresting student for school shooting picture that was a joke
Facts In 2018, Sgt. Billy Matranga worked as the campus police officer at a high school. The school principal called Matranga into her office and showed him photographs of Lennon Betancourt posing with a caricature of himself drawn on a whiteboard with the words “future school shooter” written above it. This had been posted on […]
summary judgement denied for officer who killed person in moving vehicle
Facts In 2017, fifteen year old Jordan Edwards attended a party at a house in Balch Springs, Texas, with his two brothers and two friends. When police responded to a report of underage drinking, the boys headed for their car. As police were at the house, they heard gunshots and walked in that direction. Edwards […]
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 […]