Use of Force-
Aldaba v. Pickens, 13-7034 (10th Cir. 2015)-The justification for use of force on a mentally ill person with serious and deteriorating medical condition who needs treatment differs from a criminal who is a threat to the community. In this case the officers tased a patient at a hospital multiple times and forced him to the ground and handcuffed him. The patient died. The officers were not entitled to qualified immunity.
Cooper v. Bergeron, No. 13-1471 (1st Cir. 2015)-The court held that a victim identification of the suspect by a single voice recording was sufficient for admission at court barring any improper prior suggestions by police.
1. The driver had the apparent authority to give consent to search of the bag.
2. The bag was in easy reach of the driver.
3. Barber did not object to the search.
Barber's arrest was lawful.
Heien v. North Carolina, No. 13-604 (SCOTUS, 2014)-The officer stopped a vehicle for a brake light out. He became suspicious and asked for consent to search. He found trafficking weight of cocaine. Heien was arrested and convicted. Heien appealed to the State Supreme Court. The Court tossed the conviction because state law only requires one functioning brake light which Heien's vehicle had. The US Supreme Court held that as long as the mistake in law was reasonable, then the officer had reasonable suspicion to make the stop. The conviction stands.
Arrest out of home-
US v. Nora, No. 12-50485 (9th Cir 2014)-Officers saw Nora standing on the sidewalk by his house. As they approached him he had moved to his porch. The officers saw a handgun in his hand. He entered his house and shut the door. The officers called for backup. Over twenty officers surrounded his house and a helicopter watched from above. The officers ordered him out of the house at gunpoint. They arrested him for the misdemeanor offense of carrying a firearm in public. The officers did not know Nora or that he had a felony conviction at the time of arrest. They searched him and found drugs. They questioned him. He admitted to more drugs being in the house. The officers got a warrant and searched his house. They found distribution quantity of cocaine, methamphetamine, and numerous firearms in the house. The Court held that Nora was unlawfully arrested out of his house in violation of Payton v. New York. It was a minor offense and there were no exigent circumstances justifying the warrantless arrest from his home. The drugs found on him and his statement were excluded. The officers did not name specifically in the search warrant that they were looking for the pistol they saw Nora with. The search warrant only mentioned any firearm. The Court invalidated the entire search warrant.