U.S. SUPREME COURT
ATWATER
v. CITY OF LAGO VISTA No. 99-1408 (U.S.S.C April 24, 2001)
The Fourth Amendment
does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor
seatbelt violation, punishable only by a fine.
TEXAS
v. COBB No 99-1702 (U.S.S.C April 02, 2001)
The Sixth Amendment
right to counsel does not extend from one custodial interrogation to a
separate custodial interrogation even if the second interrogation is about
a factually related charge.
ILLINOIS
v. MCARTHUR No 99-1132 (U.S.S.C February 20, 2001)
Police with
probable cause to believe that petitioner had illegal drugs in his home
acted reasonably in restraining him from entering his home unattended for
the two hours it took to secure a search warrant, given the reasonable
fear that petitioner would destroy evidence if not restrained.
CITY OF
INDIANAPOLIS v. EDMOND (11/28/00 - No. 99-1030)
Indianapolis
narcotics checkpoint program violates the Fourth Amendment because the
primary purpose of the program is to uncover evidence of ordinary criminal
wrongdoing rather than policing the border or ensuring roadway safety.
1ST CIRCUIT COURT OF APPEALS
US v.
MOORE (12/29/00 - No. 00-1174)
Officers who were justified in
making investigatory stop of defendant in high crime area may also require
a suspect to reveal object he is hiding in his hand, which was obscured
from officers' view.
2ND CIRCUIT COURT OF APPEALS
CRUZ v. MILLER
(06/22/01 - No. 00-2005)
A state court's determination that pointing a gun at a
suspect and saying "Police! Don't move! Put your hands up!" is not custody for
Miranda purposes is a reasonable application of clearly established Supreme Court law.
4TH CIRCUIT COURT OF APPEALS
US v. CEPHAS
(06/19/01 - No. 00-4780)
Police officer, who smelled marijuana and saw minor in
apartment, could make forced entry into the apartment when he received anonymous
tip that minor was smoking marijuana in apartment.
6TH CIRCUIT COURT OF APPEALS
US v. HARRIS
(06/21/01 - No. 99-6224 / 99-6254)
Police officers executing a valid search
warrant in aprivate residence do not need to knock on interior doors or announce
their presence before entering what may be an occupied bathroom.
7TH CIRCUIT COURT OF APPEALS
US v. MORRISON
(06/20/01 - No. 01-1122)
Police had reasonable suspicion to support a Terry stop
of defendant's car where neighbors in the vicinity of the robbery gave police
descriptions of the car and defendants the day prior to the stop.
8TH CIRCUIT COURT OF APPEALS
US v. HOGGARD(06/22/01 - No. 01-1354)
Defendant voluntarily consented to
a search of a safe in his car trunk by saying "Okay" after the officer said that
he was "just looking for contraband."
US v. GILLETTE
(04/16/01 - No. 00-2889)
Where officer who performed a search was privy to the
consent given to another deputy, his search of defendant's vehicle is valid.
9TH CIRCUIT COURT OF APPEALS
US v.
$22,474.00 IN U.S. CURRENCY (04/18/01 - No. 99-16611)
Evidence
that defendant had large sum of cash, that drug dog detected drug smell,
along with defendant's inconsistant statements about his travel
destination and purpose for carrying cash is sufficient to support
forfeiture of cash as drug proceeds.
11TH CIRCUIT COURT OF APPEALS
O'FERRELL v. US(06/11/01 - No. 99-6071)
Under the Federal Tort Claims Act, a police officer's statement during
interrogation that plaintiff could "face the electric chair" if he did
not confess does not constitute "physical abuse or the threat of such
abuse" in violation of the FBI manual.
US v
PURCELL(01/04/01 - No. 99-11537)
A fourteen minute prolonged
detention during traffic stop by law enforcement to wait for information
about the criminal histories of the car's occupants is reasonable, and
scope of the stop was not impermissibly enlarged when officer asked
defendant whether he had any "firearms, guns, or narcotics" in the car.
District of Columbia CIRCUIT COURT OF APPEALS
US v.
DAVIS(12/29/00 - No. 00-3016)
Information police obtained from
a citizen 911 call describing a man fleeing the scene of a shooting
provides sufficient reasonable suspicion to stop suspect who fit
description, even though the government failed to produce a tape of the
call.
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