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.
US v. Barber, No. 13-14935 (11 Cir. 2015)-Barber was a front passenger in a vehicle. He had a bag at his feet that was his. An officer stopped the vehicle and arrested the driver. He obtained consent to search of the vehicle from the driver. The officer searched the bag belonging to Barber. The officer did not get consent to search from Barber, nor did Barber object to the search. A gun was found with other personal items identifying Barber as the owner of the bag. Barber was a felon and was arrested for the possession. Held: The consent to search of the bag was valid for the following reasons:
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.
US v. Salgado, No. 13-2480 (8th Cir. 2014)-A Trooper stopped to assist Salgado whose vehicle was broken down on the side of the road. The Trooper developed reasonable suspicion to detain Salgado and call for a drug dog. The Trooper tried to find a close K-9, but could not. He called out another Trooper with a K-9, but he was 45 miles away. It took an hour for him to arrive. The court said the wait was reasonable under the circumstances.
US v. Williams, 13-2390 (8th Cir 2014)-Williams arrived home during the execution of a search warrant for child porn. A federal agent told him he was not under arrest and asked if he would answer some questions. Williams was allowed to walk to the restroom and get a drink of water. He was not restrained. When agents were done with the search warrant, Williams was not immediately arrested. The lower court said that Williams should have been read the Miranda warning. The 8th Circuit Court reversed and held that Williams was not in custody for Miranda purposes.