LPR is not a fourth amendment search
Facts The district court heard testimony from Charles Hoggard, a former officer for the Gautier Police Department. While on patrol in January 2024, Hoggard received an alert on his phone that an LPR located at a specific intersection captured the license plate of a vehicle that was associated with criminal activity. He contacted […]
BOLO contained considerable detail to justify reasonable suspicion for stop
Facts On June 9, 2020, at approximately 3:19 a.m. in Laredo, Texas, a witness called emergency dispatch to report hearing 7 or 8 shots in the air. The witness described that the shots were fired from a black SUV Cadillac near 2201 E. Travis Street. That black Cadillac SUV, which had a missing right rear […]
Sweeping subject’s legs was reasonable in this case
Facts (If you are new to 1983 actions, click here for help) On June 9, 2023, Edgar Mosti attended a Duran Duran concert at the Cynthia Woods Pavilion. Mosti and two female companions had too much to drink and began walking toward an exit. The trio encountered Officer Raymond Adams and Detectives Caitlan Adams and […]
Not clearly established that viewing secondhand documents obtained by another officer was a search for 1983 purposes
Facts (If you are new to 1983 actions, click here for help) On November 1, 2020, an individual reported to the police that a debit card had been stolen from his car and that bank records indicated that the card had been used to purchase goods at a Best Buy store in Southaven, Mississippi. The […]
Exigent circumstances did not allow entry into former police chief’s home
Facts (If you are new to 1983 actions, click here for help) In September 2023, Pharr Police Department officers arrived at former Pharr Police Chief Andrew Harvey’s residence, responding to text messages allegedly sent from his phone to 911 dispatch. Harvey alleges that Pharr Police Department officers improperly arrested him using excessive force and entered […]
A temporary tag does not give rise to reasonable suspicion to initiate a traffic stop
Facts In June 2022, Officer Dan Russell of the Hernando Police Department (HPD) observed a Ford Explorer on Interstate 55 that displayed a temporary tag. Russell followed behind the vehicle for more than a minute, and the driver was not speeding or committing any other traffic violations. Nonetheless, Russell initiated a traffic stop. Jamie Saulsberry […]