Qualified immunity granted for officer who deployed taser after chase
Facts In 2018, three police officers went to Houston’s Ingrando Park to investigate drug activity. One of the officers was Arthur Garduno, a deputy constable for Harris County Constable Precinct. The officers approached the park separately in marked patrol cars and saw three men at a picnic table. Garduno claims he smelled marijuana and saw […]
officer had reasonable suspicion for stop based on not seeing tag as well as suspicious behavior
Facts In 2018, Officer Ryan Darby of the Hernando Police Department initiated a traffic stop of a vehicle driven by Stanley Wilson. Officer Darby testified that he initiated the stop for two reasons: he did not see a state-issued license tag displayed on the vehicle and he observed the driver of the vehicle acting in […]
Officer not entitled to qualified immunity when using deadly force on unarmed man in parked car
Facts In 2017, Tavis Crane was driving in Arlington, Texas with three passengers: Dwight Jefferson, Valencia Johnson, who was pregnant with Crane’s child, and Z.C., Crane’s two-year-old daughter. While Crane was stopped at a traffic light at approximately 11:38 p.m., Officer Elsie Bowden pulled up behind him. After the light turned green, Crane pulled away […]
Owner of hotel was not acting as government agent when he opened hotel door
Facts Santiago Cordova-Espinoza, a Mexican citizen, entered the United States without authorization. He was found at the OYO Hotel in Alpine, Texas, when the hotel’s manager opened the door to Cordova’s room in front of Department of Homeland Security agents. The suppression hearing produced the following facts. Based on information from other sources reporting multiple […]
Officers who go to wrong house and kill homeowner denied qualified immunity
Facts Around 1:00 a.m. on May 28, 2013, the Fort Worth Police Department dispatched officers Richard A. Hoeppner and Benjamin Hanlon in response to a potential burglary. Hoeppner and Hanlon were both rookies in their initial probationary year with the department. The call came across as an active residential burglary alarm. As they neared the […]
Firearm and cell phone admitted via inevitable discovery
Facts In 2020, Officers Donovan Polk and Rolando Foster were patrolling a high-crime area in Houston, Texas. They saw a Nissan Altima hesitantly pulling out of a parking lot that was known for narcotics activity. The officers ran the Nissan’s license plates. Associated with that license were municipal warrants for traffic violations by Jesse Walker. Their […]