Police don’t have to observe subject driving to charge someone with DUI
Facts In 2020, Madison County Sheriff’s Deputy Matthew Holcomb responded to a call for assistance from the fire department, which was attending to a vehicle that had flooded out in a roadway inundated with water. Holcomb testified that the firemen were of the opinion that Eugene Bullen was intoxicated. Bullen was still behind the wheel […]
There is no § 1983 when officers had probable cause to support the arrest
Facts Percy Utley filed suit under 42 U.S.C. §1983 against the City of Houston, Houston Police Chief Art Acevedo, and John Doe Officers, for alleged violations of his First, Fourth, and Fourteenth Amendment rights that occurred when he was arrested during a protest following the death of George Floyd. The district court granted the defendants’ motion […]
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 […]