Geofence warrants are considered general warrants and not allowed in the 5th circuit
Facts On February 5, 2018, three individuals acting in concert robbed Sylvester Cobbs, a Contract Route Driver with the United States Postal Service. As a Route Driver, Cobbs delivered and picked up mail from five rural post offices in DeSoto County and Tunica County, Mississippi. At the time of the robbery, Cobbs was headed to […]
Qualified immunity granted for officer who arrested the wrong juvenile
Facts (If you are new to 1983 actions, click here for help) A woman called the Roma, Texas police department in December 2021 to report a sexual assault. The alleged victim was the woman’s fifteen- year-old daughter, A.P. A.P. identified one of her attackers as her thirteen- year-old uncle, Y.M., and the other as Y.M.’s […]
Passenger ordered out of vehicle on traffic stop is proper
Facts An officer stopped the vehicle in which Travis Demois Wilson was a passenger because the driver did not indicate a left turn until the vehicle had already entered the intersection and the driver failed to maintain a single lane while completing the turn. An additional officer arrived to assist. After the officers asked the […]
Officers impermissibly seized defendants who stopped to ask the officers for assistance
Facts (If you are new to 1983 actions, click here for help) On the evening of June 13, 2020, Bilal Hankins was socializing with friends and neighbors at his family’s home in Uptown New Orleans, where he helped his mother care for his grandmother. Hankins had invited over his friend who was visiting from college. […]
Asking to call a lawyer as a friend is not an unambiguous request for counsel
Facts David Devaney was charged with conspiracy to possess fifty grams or more of methamphetamine with intent to distribute (count one), arising from his providing security for a drug trafficking scheme executed by his father, David Devaney, Sr (Senior). The drug deal went awry when Hernandez and Mejia—the parties on the opposite side of the […]
Driver not in constructive possession of methamphetamine in this case
Facts On October 21, 2020, Jessica Walker and her then-boyfriend, Richard Buckley, were on their way home when they approached a safety check-point roadblock administered by the Newton County Sheriff’s Office. While Buckley was initially driving Walker’s vehicle, the two switched seats as they approached the roadblock because Buckley did not have a driver’s license. […]