Research Guides: Basic Peace Officer: Case Laws

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Cases Relevant to Texas

Brower v. Inyo County
Oyez.com
Oyez (pronounced OH-yay)—a free law project from Cornell’s Legal Information Institute (LII), Justia, and Chicago-Kent College of Law—is a multimedia archive devoted to making the Supreme Court of the United States accessible to everyone. It is the most complete and authoritative source for all of the Court’s audio since the installation of a recording system in October 1955. Oyez offers transcript-synchronized and searchable audio, plain-English case summaries, illustrated decision information, and full-text Supreme Court opinions (through Justia). Oyez also provides detailed information on every justice throughout the Court’s history and offers a panoramic tour of the Supreme Court building, including the chambers of several justices.
Brower v. Inyo County. (n.d.). Oyez. Retrieved May 25, 2023, from https://www.oyez.org/cases/1988/87-248
Is "Presence" a use of Force?
The article provides proofs which validate that a police officers' presence is not a use of force in the U.S. It discusses a valid and simple definition of force which may considered by the court as reflected in the court case State V. Myers. It highlights several court cases involving the domestic violence complaints suggesting the presence of a police is not a use of force which include Tennessee v. Garner, Brower v. County of Inyo, and Terry v. Ohio.
U.S. Reports: Brower v. County of Inyo, 489 U.S. 593 (1989).
U.S. Reports Volume 489; October Term, 1988; Brower, Individually and as Administrator of the Estate of Caldwell (Brower), et al. v. County of Inyo et al.
Scalia, A. & Supreme Court Of The United States. (1988) U.S. Reports: Brower v. County of Inyo, 489 U.S. 593. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep489593/.
Brower v. County of Inyo, 817 F.2d 540
Overview: Decedent's estate stated a claim for violation of Fourteenth Amendment due process rights arising from a collision with a truck being used as a roadblock that was allegedly concealed and from the intentional blinding of decedent with headlights.

Brower v. County of Inyo, 817 F.2d 540, 1987 U.S. App. LEXIS 6321 (United States Court of Appeals for the Ninth CircuitMay 15, 1987, Filed ). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:3S4X-B0V0-001B-K01N-00000-00&context=1516831.

SAUCIER v. KATZ
The article presents information on U.S. Supreme Court case Saucier v. Katz et al., case number 99-1977, argued on March 20, 2001 and decided on June 18, 2001. According to the Ninth Circuit Court, the law governing the petitioner's conduct was clearly established when the incident occurred, so it found, summary judgment based on qualified immunity was inappropriate. There should be an analysis not susceptible of fusion with the question whether unreasonable force was used in making the arrest in a qualified immunity ruling.
SAUCIER V. KATZ, EXCESSIVE FORCE, AND QUALIFIED IMMUNITY: A REASON TO BELIEVE IN REASONABLENESS.
Civil liability is a concern of all police agencies. Since civil suits represent substantial potential negative consequences to criminal justice agencies, legal protections from law suits would seem to be of great importance to those working in the criminal justice system. Recently the Supreme Court of the United States decided the case of Saucier v. Katz (2001). This case addressed the issue of police immunity from a civil suit alleging use of excessive force. This article seeks to provide an examination of the case and the issues surrounding immunity.
Saucier v. Katz, 533 U.S. 194
Overview: In an excessive force case, an officer was entitled to qualified immunity because the officer's conduct in arresting a protestor at a public gathering did not violate a clearly established constitutional right.

Saucier v. Katz, 533 U.S. 194, 121 S. Ct. 2151, 150 L. Ed. 2d 272, 2001 U.S. LEXIS 4664, 69 U.S.L.W. 4481, 2001 Cal. Daily Op. Service 5000, 2001 Daily Journal DAR 6137, 2001 Colo. J. C.A.R. 3134, 14 Fla. L. Weekly Fed. S 361 (Supreme Court of the United States June 18, 2001, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:439D-CCS0-004C-101K-00000-00&context=1516831.

OSABUTEY V. WELCH
857 F.2d 220 September 16, 1988
Osabutey v. Welch, 857 F.2d 220
Overview: The exigencies of the situation, coupled with the personal corroboration of the informant's tip provided a sufficient basis for a finding that the officers were acting within the protection of the qualified immunity.

Osabutey v. Welch, 857 F.2d 220, 1988 U.S. App. LEXIS 12627 (United States Court of Appeals for the Fourth Circuit September 16, 1988, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4W-Y7H0-001B-K1G3-00000-00&context=1516831.

U.S. Reports: Anderson v. Creighton et al., 483 U.S. 635 (1987).
Volume 483; October Term, 1986; Anderson v. Creighton
Scalia, A. & Supreme Court Of The United States. (1986) U.S. Reports: Anderson v. Creighton et al., 483 U.S. 635. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep483635/.
Anderson v. Creighton 483 US 635 (1987)
Can a federal officer who participated in a search that violated the Fourth Amendment be held personally liable for monetary damages if a reasonable officer would have assumed that the search comported with the Fourth Amendment?

Anderson v. Creighton. (n.d.). Oyez. Retrieved May 26, 2023, from https://www.oyez.org/cases/1986/85-1520
Anderson v. Creighton et al., 483 U.S. 635 (1987).
Overview: A federal law enforcement officer who participated in a search that violated the Fourth Amendment was not personally liable for money damages if he could show that a reasonable officer could have believed that the search was lawful.

Anderson v. Creighton, 483 U.S. 635, 107 S. Ct. 3034, 97 L. Ed. 2d 523, 1987 U.S. LEXIS 2894, 55 U.S.L.W. 5092 (Supreme Court of the United States June 25, 1987, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-H4G0-003B-44M7-00000-00&context=1516831.

Harlow v. Fitzgerald
"The Court held that government officials are entitled to qualified immunity but not absolute immunity. Absolute immunity is only available for specific functions that require a total shield from liability. The Court held that qualified immunity was necessary for the government officials to carry out their jobs and that the courts could adequately determine whether an action falls within the scope of qualified immunity based on whether the official knew or should have known that his/her actions would violate the plaintiff’s constitutional rights."

Harlow v. Fitzgerald. (n.d.). Oyez. Retrieved June 2, 2023, from https://www.oyez.org/cases/1981/80-945
OCTOBER TERM, 1981 Syllabus 457 U. S. HARLOW ET AL. v. FITZGERALD
Harlow v. Fitzgerald, 457 U.S. 800
Overview: Executive governmental officials were entitled to qualified immunity that would be defeated if such officials knew or reasonably should have known that their actions violated respondent's constitutional rights.

Harlow v. Fitzgerald, 457 U.S. 800, 102 S. Ct. 2727, 73 L. Ed. 2d 396, 1982 U.S. LEXIS 139 (Supreme Court of the United States June 24, 1982, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-5FS0-003B-S4K6-00000-00&context=1516831.

Case Laws

Pa. v. Mimms, 434 U.S. 106
Overview: Once police legitimately detained the accused for a traffic violation, they could order him to get out of his car without violating the Fourth Amendment and, after observing a bulge under his coat, they could conduct a "pat down" search for weapons.

Pa. v. Mimms, 434 U.S. 106, 98 S. Ct. 330, 54 L. Ed. 2d 331, 1977 U.S. LEXIS 157 (Supreme Court of the United States December 5, 1977 ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-93S0-003B-S4GC-00000-00&context=1516831.

Whren v. United States, 517 U.S. 806
Overview: The stop of defendants' car by an undercover officer who had probable cause to believe that a traffic violation had occurred, which yielded evidence of drug law violations, was reasonable under the Fourth Amendment.

Whren v. United States, 517 U.S. 806, 116 S. Ct. 1769, 135 L. Ed. 2d 89, 1996 U.S. LEXIS 3720, 64 U.S.L.W. 4409, 96 Cal. Daily Op. Service 4123, 96 Daily Journal DAR 6635, 9 Fla. L. Weekly Fed. S 652 (Supreme Court of the United States June 10, 1996, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3RHB-XFY0-003B-R05V-00000-00&context=1516831.

New York v. Belton, 453 U.S. 454
Overview: The lawful custodial arrest of a vehicle's passenger and the exigencies of the situation justified a contemporaneous police search of the passenger compartment of that vehicle and the containers therein.

New York v. Belton, 453 U.S. 454, 101 S. Ct. 2860, 69 L. Ed. 2d 768, 1981 U.S. LEXIS 13, 49 U.S.L.W. 4915 (Supreme Court of the United States July 1, 1981, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-67X0-003B-S067-00000-00&context=1516831.

United States v. Mendenhall, 446 U.S. 544
Overview: Defendant was not seized within the meaning of the Fourth Amendment when federal agents asked to see her identification because the totality of the circumstances supported the finding that defendant voluntarily consented to accompany the officers.

United States v. Mendenhall, 446 U.S. 544, 100 S. Ct. 1870, 64 L. Ed. 2d 497, 1980 U.S. LEXIS 102 (Supreme Court of the United States May 27, 1980, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-77J0-003B-S1MD-00000-00&context=1516831.

Minn. v. Dickerson, 508 U.S. 366
Overview: Although a police officer's stop and frisk of respondent were valid under Terry, the seizure of cocaine was unconstitutional. The officer determined a lump was contraband only after manipulating the contents of respondent's pocket.

Minn. v. Dickerson, 508 U.S. 366, 113 S. Ct. 2130, 124 L. Ed. 2d 334, 1993 U.S. LEXIS 4018, 61 U.S.L.W. 4544, 93 Cal. Daily Op. Service 4134, 93 Daily Journal DAR 7077, 7 Fla. L. Weekly Fed. S 373 (Supreme Court of the United States June 7, 1993, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3RJ6-FD20-003B-R0MX-00000-00&context=1516831.

Dyar v. State, 59 S.W.3d 713
Overview: Trial court did not err by denying motion to suppress blood sample where facts available to arresting officer at hospital, and reasonably drawn inferences, rendered place suspicious so as to invoke warrantless arrest exception.

Dyar v. State, 59 S.W.3d 713, 2001 Tex. App. LEXIS 4965 (Court of Appeals of Texas, Third District, AustinJuly 26, 2001, Filed ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:43KJ-66J0-0039-448C-00000-00&context=1516831.

Md. v. Wilson, 519 U.S. 408
Overview: A lower court's affirmance of a grant of defendant's motion to suppress was overturned because a state trooper's ordering defendant, a passenger, to exit car during lawful traffic stop did not constitute an unreasonable seizure.

Md. v. Wilson, 519 U.S. 408, 117 S. Ct. 882, 137 L. Ed. 2d 41, 1997 U.S. LEXIS 1271, 65 U.S.L.W. 4124, 97 Cal. Daily Op. Service 1162, 97 Daily Journal DAR 1668, 10 Fla. L. Weekly Fed. S 292 (Supreme Court of the United States February 19, 1997, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3RHM-BW50-003B-R0D7-00000-00&context=1516831.

Chimel v. Cal., 395 U.S. 752
Overview: Petitioner's conviction for burglary was reversed where a warrantless search was unreasonable because it extended outside of the room in which petitioner was arrested and into desk drawers and concealed areas.

Chimel v. Cal., 395 U.S. 752, 89 S. Ct. 2034, 23 L. Ed. 2d 685, 1969 U.S. LEXIS 1166 (Supreme Court of the United States June 23, 1969, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-F6M0-003B-S0VR-00000-00&context=1516831.

Arizona v. Gant, 556 U.S. 332
Overview: Where officers searched respondent's car after arresting him, handcuffing him, and locking him in a patrol car, the search-incident-to-arrest exception did not justify the search under the Fourth Amendment, because he clearly was not within reaching distance of his car at the time of the search and an evidentiary basis for the search was lacking.

Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485, 2009 U.S. LEXIS 3120, 77 U.S.L.W. 4285, 47 A.L.R. Fed. 2d 657 (Supreme Court of the United States April 21, 2009, Decided). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:4W45-KTR0-TXFX-120C-00000-00&context=1516831.

Carroll v. United States, 267 U.S. 132
Overview: Liquor seized pursuant to a warrantless search of a vehicle was admissible and properly seized under the National Prohibition Act where agents had reasonable grounds sufficient for probable cause to believe defendants were transporting liquor.

Carroll v. United States, 267 U.S. 132, 45 S. Ct. 280, 69 L. Ed. 543, 1925 U.S. LEXIS 361, 39 A.L.R. 790 (Supreme Court of the United States March 2, 1925, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-H4K0-003B-71HX-00000-00&context=1516831.

Bustamonte v. Schneckloth, 448 F.2d 699
Overview: In order to properly rule on inmate's petition for a writ of habeas corpus, the district court had to determine whether consent to search the car was given with knowledge that consent could be withheld.

Overview: Proof that respondent knew he had a right to refuse his consent to a search was not a prerequisite for a determination that his consent to search was voluntary because consent was to be determined by analyzing all of the circumstances.

Bustamonte v. Schneckloth, 448 F.2d 699, 1971 U.S. App. LEXIS 8118 (United States Court of Appeals for the Ninth Circuit September 13, 1971 ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-9D70-0039-X476-00000-00&context=1516831.

Mapp v. Ohio, 367 U.S. 643
Overview: Pursuant to the Due Process Clause of the Fourteenth Amendment, evidence obtained by a search and seizure in violation of the Fourth Amendment was inadmissible in the State's prosecution of defendant for possessing obscene literature.
Mapp v. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081, 1961 U.S. LEXIS 812, 84 A.L.R.2d 933, 86 Ohio L. Abs. 513, 16 Ohio Op. 2d 384 (Supreme Court of the United States June 19, 1961, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-HFP0-003B-S2P6-00000-00&context=1516831.

Brendlin v. California, 551 U.S. 249
Overview: A passenger in a car which was stopped without any adequate justification had standing to challenge the constitutionality of the stop under the Fourth Amendment because any reasonable passenger would have understood the police officers to be exercising control to the point that no one in the car was free to depart without police permission.

Brendlin v. California, 551 U.S. 249, 127 S. Ct. 2400, 168 L. Ed. 2d 132, 2007 U.S. LEXIS 7897, 75 U.S.L.W. 4444, 20 Fla. L. Weekly Fed. S 365 (Supreme Court of the United States June 18, 2007, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:4P0M-CTF0-004C-002T-00000-00&context=1516831.

Virginia v. Moore, 553 U.S. 164
Overview: A warrantless arrest for driving with a suspended license was reasonable under the Fourth Amendment even if it was not permitted under Va. Code Ann. § 19.2-74. Therefore, the crack cocaine and cash that the arrestee was carrying and that was discovered in a search incidental to the arrest did not need to be suppressed.

Virginia v. Moore, 553 U.S. 164, 128 S. Ct. 1598, 170 L. Ed. 2d 559, 2008 U.S. LEXIS 3674, 76 U.S.L.W. 4237, 21 Fla. L. Weekly Fed. S 195 (Supreme Court of the United States April 23, 2008, Decided). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:4SBS-0200-TXFX-12DC-00000-00&context=1516831.

Arizona v. Johnson, 555 U.S. 323
Overview: Where respondent passenger was ordered to get out during a traffic stop so the officer could ask about gang activities, a matter unrelated to the reason for the stop, a patdown for weapons did not violate the Fourth Amendment since she reasonably concluded he could be armed and dangerous; reversal of the conviction for gun possession was reversed.

Arizona v. Johnson, 555 U.S. 323, 129 S. Ct. 781, 172 L. Ed. 2d 694, 2009 U.S. LEXIS 868, 77 U.S.L.W. 4096, 21 Fla. L. Weekly Fed. S 620 (Supreme Court of the United States January 26, 2009, Decided). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:4VG2-44J0-TXFX-12W2-00000-00&context=1516831.

Florida V. J.L.
Overview: An anonymous tip that respondent was carrying a gun was, without more, insufficient to justify a police officer's stop and frisk of respondent; the U.S. Supreme Court declined to modify the Terry standard to license a "firearm exception."

Arizona v. Gant
Overview: Where officers searched respondent's car after arresting him, handcuffing him, and locking him in a patrol car, the search-incident-to-arrest exception did not justify the search under the Fourth Amendment , because he clearly was not within reaching distance of his car at the time of the search and an evidentiary basis for the search was lacking.

Brown v. Tex., 443 U.S. 47
Overview: A Texas statute requiring defendant to identify himself to police violated the Fourth Amendment because it authorized officers to seize defendant without any reasonable suspicion, based on objective facts, that he was involved in criminal activity.

Brown v. Tex., 443 U.S. 47, 99 S. Ct. 2637, 61 L. Ed. 2d 357, 1979 U.S. LEXIS 136 (Supreme Court of the United States June 25, 1979, Decided ). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:3S4X-8130-003B-S126-00000-00&context=1516831.

Curtis v. State, 519 S.W.2d 883
Overview: Evidence was sufficient to support a conviction where officers found marijuana in a search of an apartment pursuant to a search warrant and defendant was present in the apartment.

Curtis v. State, 519 S.W.2d 883, 1975 Tex. Crim. App. LEXIS 882 (Court of Criminal Appeals of Texas March 12, 1975 ). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:3S3J-XYN0-003C-22VG-00000-00&context=1516831.

Milstead v. Kibler, 1999 U.S. Dist. LEXIS 8380
Overview: In an excessive force case, when there were questions as to whether a reasonable police officer would have used the level of force that defendant police officers actually used, the court refused to dismiss the action as barred by qualified immunity.

Milstead v. Kibler, 1999 U.S. Dist. LEXIS 8380, 1999 WL 370072 (United States District Court for the Western District of Virginia, Harrisonburg DivisionApril 19, 1999, Filed ). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:3WNV-2560-0038-Y0P8-00000-00&context=1516831.

Ceballos v. Bridgwater, 2009 U.S. Dist. LEXIS 149061
According to the 5th Circuit Court appeals, this case on deadly force are clear; “an officer cannot use deadly force without an immediate threat to himself or others.” (Penal Code 9.51)

Jones v. Wittenberg University, 534 F.2d 1203
Overview: While security officer may have only intended to warn the fleeing college student with his second warning shot, his warning shot was so negligently performed that it resulted in civil liability for the security officer and his employer.

Jones v. Wittenberg University, 534 F.2d 1203, 1976 U.S. App. LEXIS 11664, 3 Ohio Op. 3d 311 (United States Court of Appeals for the Sixth Circuit April 22, 1976, Decided ). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:3S4X-2240-0039-M552-00000-00&context=1516831.

Miranda v. Ariz., 384 U.S. 436
Overview: Before custodial interrogation, defendant must be warned that he has the right to remain silent and anything he says can be used against him, and he must be told he has the right to a lawyer; he may knowingly and intelligently waive these rights.

Miranda v. Ariz., 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694, 1966 U.S. LEXIS 2817, 10 Ohio Misc. 9, 36 Ohio Op. 2d 237, 10 A.L.R.3d 974 (Supreme Court of the United States June 13, 1966, Decided ). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:3S4X-G470-003B-S2VW-00000-00&context=1516831.

Garrity v. N.J., 385 U.S. 493
Overview: Defendants' convictions for ticket fixing were reversed on the grounds that incriminating statements were coerced and involuntary, and defendants, who were police officers, were not afforded the full protections of Fifth and Fourteenth Amendments.

Garrity v. N.J., 385 U.S. 493, 87 S. Ct. 616, 17 L. Ed. 2d 562, 1967 U.S. LEXIS 2882 (Supreme Court of the United States January 16, 1967, Decided ). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:3S4X-G0M0-003B-S0P2-00000-00&context=1516831.

Terry v. Ohio, 392 U.S. 1
Overview: Even though there was no probable cause to arrest defendant when officer made a "stop and frisk" warrantless intrusion that yielded weapon did not violate Fourth Amendment; officer had reasonable suspicion that defendant was about to commit robbery.

Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889, 1968 U.S. LEXIS 1345, 44 Ohio Op. 2d 383 (Supreme Court of the United States June 10, 1968, Decided ). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:3S4X-FHX0-003B-S04Y-00000-00&context=1516831.

Tenn. v. Garner, 471 U.S. 1
Overview: Tennessee statute was invalid because deadly force should not be allowed in the apprehension of a criminal unless there was probable cause to believe he had committed a felony and was dangerous.

Tenn. v. Garner, 471 U.S. 1, 105 S. Ct. 1694, 85 L. Ed. 2d 1, 1985 U.S. LEXIS 195, 53 U.S.L.W. 4410 (Supreme Court of the United States March 27, 1985, Decided ). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:3S4X-C180-0039-N0X0-00000-00&context=1516831.

Maryland v. Shatzer, 559 U.S. 98
Overview: A judgment overturning a conviction based upon the admission of defendant's own inculpatory statements was reversed because defendant experienced a break in Miranda custody lasting more than two weeks between the first and second attempts at interrogation by being returned to the general prison population.

Maryland v. Shatzer, 559 U.S. 98, 130 S. Ct. 1213, 175 L. Ed. 2d 1045, 2010 U.S. LEXIS 1899, 78 U.S.L.W. 4159, 22 Fla. L. Weekly Fed. S 135 (Supreme Court of the United States February 24, 2010, Decided). https://advance-lexis-com.ezproxy.southtexascollege.edu/api/document?collection=cases&id=urn:contentItem:7XW3-9YC0-YB0V-913F-00000-00&context=1516831.

Fla. v. Royer, 460 U.S. 491
Overview: Defendant's consent to search his luggage at the airport was involuntary, and defendant was entitled to suppress the evidence of drugs found in his luggage because officers were illegally detaining defendant when he consented to a search.

Fla. v. Royer, 460 U.S. 491, 103 S. Ct. 1319, 75 L. Ed. 2d 229, 1983 U.S. LEXIS 151, 51 U.S.L.W. 4293 (Supreme Court of the United States March 23, 1983, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-5340-003B-S093-00000-00&context=1516831.

Martinez v. N.M. Dep't of Pub. Safety, 47 Fed. Appx. 513
Overview: Where a state trooper sprayed mace in motorist's face after she was handcuffed and not actively resisting or attempting to flee, but refused to enter trooper's car until seeing trooper's identification, trooper was not entitled to qualified immunity.

Martinez v. N.M. Dep't of Pub. Safety, 47 Fed. Appx. 513, 2002 U.S. App. LEXIS 15323 (United States Court of Appeals for the Tenth CircuitJuly 29, 2002, Filed ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:46DG-8M40-0038-X065-00000-00&context=1516831.

Jennings v. Jones, 479 F.3d 110
Overview: Police officer was not entitled to judgment as a matter of law based on qualified immunity because officer's use of increased force--breaking arrestee's ankle--after arrestee ceased resisting violated the Fourth Amendment, law was clearly established, and reasonable officer in same circumstances would have believed that his conduct was a violation.

Jennings v. Jones, 479 F.3d 110, 2007 U.S. App. LEXIS 5268 (United States Court of Appeals for the First Circuit March 7, 2007, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:4N6R-C7K0-0038-X1P8-00000-00&context=1516831.

Robinson v. Solano County, 218 F.3d 1030
Overview: Police officers were not entitled to qualified immunity in civil rights action alleging excessive force since law was clearly established that pointing their guns at unarmed suspect's head violated his constitutional rights.

Robinson v. Solano County, 218 F.3d 1030, 2000 U.S. App. LEXIS 15956, 2000 Cal. Daily Op. Service 5735, 2000 Daily Journal DAR 7643 (United States Court of Appeals for the Ninth CircuitJuly 12, 2000, Filed ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:40PV-KK90-0038-X2BN-00000-00&context=1516831.

Kuha v. City of Minnetonka, 365 F.3d 590
Overview: The officers were entitled to qualified immunity on an arrestee's claim that the officers failed to give a verbal warning prior to using a police dog trained to bite and hold where they were not on notice that it was constitutionally impermissible.

Kuha v. City of Minnetonka, 365 F.3d 590, 2003 U.S. App. LEXIS 8669, 61 Fed. R. Evid. Serv. (Callaghan) 724 (United States Court of Appeals for the Eighth CircuitMay 8, 2003, Filed ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:48JC-77N0-0038-X2R5-00000-00&context=1516831.

ROBINETTE v. BARNES, 1986 U.S. Dist. LEXIS 21643
Overview: A police official had qualified immunity from suit, in an action alleging Eighth Amendment violations, in apprehending a felony suspect because it was shown that use of a police dog by the police official did not so exceed force reasonably necessary that police official was either plainly incompetent or knowingly violating the law.

ROBINETTE v. BARNES, 1986 U.S. Dist. LEXIS 21643 (United States District Court for the Middle District of Tennessee, Nashville Division August 12, 1986, Entered ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4N-8R20-0039-R2K3-00000-00&context=1516831.

Cruz v. City of Laramie, 239 F.3d 1183
Overview: Denial of summary judgment on Fourth Amendment claims arising from use of hog-tie restraints reversed where the deceased suspect's right to be free from such restraint was not "clearly established" at the time of his death.

Cruz v. City of Laramie, 239 F.3d 1183, 2001 U.S. App. LEXIS 2243, 2001 Colo. J. C.A.R. 784 (United States Court of Appeals for the Tenth CircuitFebruary 15, 2001, Filed ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:42CD-4BS0-0038-X2N7-00000-00&context=1516831.

Case Laws

Michigan v. Long 463 US 1032 (1983)
Did the Supreme Court have jurisdiction over state court decisions that rested on "adequate and independent" state grounds?

Michigan v. Long. (n.d.). Oyez. Retrieved June 8, 2023, from https://www.oyez.org/cases/1982/82-256
Mich. v. Long, 463 U.S. 1032
Overview: A protective search of respondent's vehicle, limited to those areas in which a weapon could have been placed or hidden, was permissible since police officers had a reasonable belief that respondent posed a threat to them.

Mich. v. Long, 463 U.S. 1032, 103 S. Ct. 3469, 77 L. Ed. 2d 1201, 1983 U.S. LEXIS 7, 51 U.S.L.W. 5231 (Supreme Court of the United States July 6, 1983, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-4GF0-003B-S3J2-00000-00&context=1516831.

Chimel v. Cal., 395 U.S. 752
Overview: Petitioner's conviction for burglary was reversed where a warrantless search was unreasonable because it extended outside of the room in which petitioner was arrested and into desk drawers and concealed areas.

Chimel v. Cal., 395 U.S. 752, 89 S. Ct. 2034, 23 L. Ed. 2d 685, 1969 U.S. LEXIS 1166 (Supreme Court of the United States June 23, 1969, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-F6M0-003B-S0VR-00000-00&context=1516831.

Duran v. Douglas, 904 F.2d 1372
Overview: Defendant police officer was not entitled to qualified immunity for detaining and arresting plaintiff for making expletives and an obscene hand gesture at defendant.

Duran v. Douglas, 904 F.2d 1372, 1990 U.S. App. LEXIS 8790 (United States Court of Appeals for the Ninth CircuitJune 4, 1990, Filed ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-4XN0-003B-53MN-00000-00&context=1516831.

An Introduction to Constitutional Law by Randy E. Barnett; Josh Blackman
ISBN: 9798886140736
Publication Date: 2023-02-28
Miranda V. Arizona (1966)
Chapter 67

Miranda v. Ariz., 384 U.S. 436
Overview: Before custodial interrogation, defendant must be warned that he has the right to remain silent and anything he says can be used against him, and he must be told he has the right to a lawyer; he may knowingly and intelligently waive these rights.

Miranda v. Ariz., 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694, 1966 U.S. LEXIS 2817, 10 Ohio Misc. 9, 36 Ohio Op. 2d 237, 10 A.L.R.3d 974 (Supreme Court of the United States June 13, 1966, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-G470-003B-S2VW-00000-00&context=1516831.

Criminal Procedure

Criminal Procedure by Tamara Lawson; Dayle Green Seidel; Dalia Fuleihan (Consultant Editor)
ISBN: 9781423244165
Publication Date: 2021-11-01

Case Laws

FRAIRE V. CITY OF ARLINGTON
Officer Lowery acted in self defense when he fired a fatal shot at Fraire. Under the circumstances of this case, a reasonable police officer could have believed that in firing he was not violating Fraire's constitutional right to be free of excessive force. Consequently, Lowery is entitled to the defense of qualified immunity for his actions in defending his life.
Fraire v. Arlington, 957 F.2d 1268
Overview: A police officer did not violate a suspect's constitutional rights by shooting and killing him as a he sped directly toward the officer in a truck without attempting to stop.

Fraire v. Arlington, 957 F.2d 1268, 1992 U.S. App. LEXIS 6501 (United States Court of Appeals for the Fifth Circuit April 10, 1992, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-4HC0-008H-V078-00000-00&context=1516831.

GRAHAM V. CONNOR
Overview: Diabetic's claims that law enforcement officers used excessive force against him during an investigatory stop should have been analyzed under the Fourth Amendment's objective reasonableness standard.

Graham v. Connor, 490 U.S. 386, 109 S. Ct. 1865, 104 L. Ed. 2d 443, 1989 U.S. LEXIS 2467, 57 U.S.L.W. 4513 (Supreme Court of the United States May 15, 1989, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-BD10-003B-4265-00000-00&context=1516831.

Brothers v. Klevenhagen, 28 F.3d 452
Overview: A pretrial detainee who was killed by county deputies while trying to escape from custody was not entitled to the protections of the Fourth Amendment because it did not apply to post-arrest encounters.

Brothers v. Klevenhagen, 28 F.3d 452, 1994 U.S. App. LEXIS 19748 (United States Court of Appeals for the Fifth Circuit August 1, 1994, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:3S4X-3XB0-003B-P4D1-00000-00&context=1516831.

Morris v. Dillard Dep't Stores, Inc., 277 F.3d 743
Overview: Summary judgment of an African-American shopper's constitutional claims was properly granted. The officer had probable cause to arrest for suspected shoplifting and the merchant did not violate any contractual duty when it banned her from the store.

Morris v. Dillard Dep't Stores, Inc., 277 F.3d 743, 2001 U.S. App. LEXIS 27184 (United States Court of Appeals for the Fifth Circuit December 26, 2001, Decided ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:44SC-P6B0-0038-X4T6-00000-00&context=1516831.

Jackson v. City of Schertz, 2007 U.S. Dist. LEXIS 87238
Jackson v. City of Schertz, 2007 U.S. Dist. LEXIS 87238, 2007 WL 4205709 (United States District Court for the Western District of Texas, San Antonio Division November 8, 2007, Decided). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:4R7F-HGD0-TXFR-Y2TX-00000-00&context=1516831.

City of Waco v. Williams, 209 S.W.3d 216
Overview: Because plaintiffs had alleged claims against a city that arose out of police officers' use of force--repeated Tasering--against a decedent, which alleged the intentional tort of assault, Tex. Civ. Prac. & Rem. Code Ann. § 101.057(2) was applicable to except the claims from the Texas Tort Claims Act's waiver of sovereign immunity.

City of Waco v. Williams, 209 S.W.3d 216, 2006 Tex. App. LEXIS 9405 (Court of Appeals of Texas, Tenth District, WacoOctober 18, 2006, Opinion Filed ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:4M7K-N6X0-0039-42J6-00000-00&context=1516831.
City of Waco v. Williams, 209 S.W.3d 216 - appelle
Overview: Appellees' wrongful death and survival actions against appellant city were dismissed because the complaint alleged that city officers assaulted decedent (the complaint alleged that the officers shot decedent with Tasers), and thus, their conduct fell within the assault exception to the waiver of sovereign immunity in the Texas Tort Claims Act.

City of Waco v. Williams, 209 S.W.3d 216, 2006 Tex. App. LEXIS 9405 (Court of Appeals of Texas, Tenth District, WacoOctober 18, 2006, Opinion Filed ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:4M7K-N6X0-0039-42J6-00000-00&context=1516831.

Hathaway v. Bazany, 507 F.3d 312
Overview: Where the officer stated he saw the parents' son accelerate the car towards him with a determined look, that he realized he could not get out of the way, decided to fire, unholstered his gun, was struck, and fired his weapon, the parent's Fourth Amendment claim of excessive force upon the son's death properly failed on summary judgment.

Hathaway v. Bazany, 507 F.3d 312, 2007 U.S. App. LEXIS 25561 (United States Court of Appeals for the Fifth CircuitNovember 1, 2007, Filed). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:4R1X-5NJ0-TXFX-7298-00000-00&context=1516831.

Baskin v. Smith, 50 Fed. Appx. 731
Overview: Police officer who arrested a citizen for disturbing the peace, based on citizen's criticism of officer's arrest of a third party, was not entitled to qualified immunity since protected speech could not be basis for violation of municipal ordinance.

Baskin v. Smith, 50 Fed. Appx. 731, 2002 U.S. App. LEXIS 23429 (United States Court of Appeals for the Sixth CircuitNovember 8, 2002, Filed ). https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:476W-6W20-0038-X4F0-00000-00&context=1516831.