2021 Editions

COMPLETE WINTER EDITION (including the articles Principles of Probable Cause, Searches Incident to Arrest, and Miranda Invocations)


Principles of Probable Cause

Searches Incident to Arrest

Recent Cases

US v. Venezia (10C 2021) __ F3 __ [2021 WL 1727603]: In this case, a three-judge panel of the Tenth Circuit ruled there was insufficient reason to tow a vehicle driven by the defendant even though (1) they had arrested him on a traffic warrant; (2) the vehicle was located in the parking lot of a motel in a high-crime area; (3) the defendant was not a guest or visitor at the motel; (4) he did not know the name of the registered owner; and (5) he did not have a license, registration, insurance, or bill of sale. One of the three judges on the panel dissented, pointing out the many ways his colleagues had gone astray. Although the case may not stand, we mention it because it might be the most conspicuously mindless opinion ever written by court in the United States.

Torres v. Madrid (2021) __ U.S. __ [2021 WL 1132514]
Issue: Does a "seizure" occur when an officer fires shots at a suspect?

People v. Flores (2021) __ Cal.App.5th __ [2021 WL 568018]
Issue: Did officers have sufficient grounds to detain the defendant?

U.S. v. Reedy (7th Cir. 2021) __ F.3d __ [2021 WL 777768]
Issue: Was the detention of a burglary suspect unduly prolonged?

U.S. v. Bruce (9th Cir. 2021) __ F.3d __ [2021 WL 98242]
Issue: In attempting to identify a perpetrator, under what circumstances may officers show a witness a single photo of the suspect?

U.S. v. Trader (11th Cir. 2020) 981 F.3d 961
Issue: Must officers obtain a search warrant or other court authorization to obtain a suspect's email and internet protocol addresses from a provider?

In re J.W. (2020) 56 Cal.App.5th 355
Issue: Must officers obtain a Miranda waiver before asking an arrested minor to state his age if his age is an element of the crime for which he was arrested?

U.S. v. Knights (11th Cir. 2021) __ F.3d __ [2021 WL 908278]
Issue: Was the defendant "detained" when officers approached him to investigate suspicious circumstances?