Articles Posted in Constitution – Bill of Rights

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Braddy was pulled over by an Alabama law enforcement officer on Interstate 65 in Saraland, Alabama. Initially the officer saw Braddy react suddenly to the presence of the officer’s marked patrol vehicle.  The officer then observed that Braddy’s license tag was obscured by two bicycles and because the obstruction of an Alabama license is prohibited under an Alabama statute, he was pulled over despite the fact that Braddy had a Florida plate.  During the traffic stop, a drug detection dog alerted to the presence of drugs.  A search discovered cocaine inside the vehicle.  Braddy was charged in federal court with the federal offense of possession with intent to distribute more than five kilograms of cocaine and conspiracy to distribute cocaine in violation of 21 U.S.C. §§841 and 846.

He challenged the seizure of the evidence arguing this was an unreasonable search and seizure in violation of the Fourth Amendment.  First, he said the officer lacked probable cause to make the traffic stop because he incorrectly applied Alabama law to Braddy, a nonresident Florida driver, and that the mistake was not objectionably reasonable.  Second, even if the stop was justified and legal, the officer illegally prolonged the traffic stop without reasonable suspicion.  Third, the two police dogs that performed dog sniffs on the vehicle did not have a positive alert to justify the search.

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A deputy from the Martin County Sheriff’s Office pulled over Sosa’s car while driving.  After checking his name in the computer system and finding an outstanding warrant for a David Sosa, Sosa explained that he had been mistakenly arrested four years earlier on the same warrant and advised the deputy of the differences between him and the real Sosa who was wanted.  But the deputy arrested him anyway and he spent three days and nights in jail before the Department acknowledged he was not the wanted Sosa and released him.

Sosa filed a civil rights lawsuit pursuant to 42 U.S.C. §1983 against the Martin County Sheriff’s Department alleging  a violation of his Fourth and Fourteenth amendment rights by falsely arresting him and over detaining him.  He made a claim pursuant to Monell that the Sheriff failed to institute policies and train deputies to prevent these types of things from happening.

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This case involved an encounter between a taxicab driver named Junior Prosper and a Miami Dade police officer that resulted in Prosper’s death.  Prosper’s widow sued the officer under 42 U.S.C. §1983 in federal court in Miami, Florida, claiming constitutional violation for the officer’s actions.  The federal trial judge ruled that the officer was entitled to the protection of qualified immunity, which gives liability protection to police officers.  This is an appeal from the federal trial judge’s decision to dismiss the case.

The events began when Prosper’s taxi drifted off the road and collided with a pole near the ramp to I-95, apparently because he lost consciousness while driving.  A witness called 911 and reported the driver had passed out.  A few minutes later Prosper got out of the taxi and was seen running up the on-ram toward I-95.  Another witness thought Prosper was drunk and had stolen the taxi.  The Miami Dade officer arrived on the scene in response to the call and learned from the witnesses what they had seen.  In his police cruiser, the officer approached Prosper on the I-95 ramp and ordered him to stop, but Prosper continued walking up the ramp.  What happened next was disputed except for the fact that the officer tased Prosper; Prosper bit down on the officer’s left index finger; and the officer shot Prosper 3 times in the chest.   According to the officer, after Prosper bit down his finger the officer then tased Prosper, but Prosper would not release his bite.  When the officer was unable to pry Prosper’s jaw open with his free hand, he drew his firearm and shot Prosper once in the chest.  Prosper continued biting while twisting his head from side to side, and the officer shot him a second time.  Prosper still did not release, and he fired a third shot killing Prosper.

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Anthony Knights was convicted of the federal offense of possession of a firearm and ammunition by a convicted felon.  In his appeal he challenged his conviction claiming the arresting officer violated his Fourth Amendment right to be free from unreasonable search and seizure when officers conducted an investigatory stop of his car without reasonable suspicion.  Two officers saw Knights and another man around 1:00 a.m. in a car parked in the front yard of a home.  Suspecting that the two men might be trying to steal the car, the officers parked near it and approached Knights, who was in the driver’s seat.  When Knights opened the door, and officer immediately smelled marijuana.  The ensuing search of Knights and the car revealed ammunition and firearms.

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Castaneda appealed his conviction for enticing a minor to engage in unlawful sexual activity in violation of 18 U.S.C. §2422 and one count of crossing a state line with intent to engage in sexual activity with a person under the age of 12, in violation of 18 U.S.C. §2241(c).  Following a federal jury trial, he was convicted of both counts and sentenced to 420 months.  In his appeal he argued the indictment should have been dismissed because the government’s conduct in investigating him was so outrageous that it violated his due process rights.  He also claimed the evidence of child pornography that was found on his computer should have been suppressed and not admitted at trial.  Though he was not indicted with possession of child pornography, the evidence that he possessed it was admitted at his trial to prove his intent.

Law enforcement began its investigation when he responded to an ad on Craigslist from a purported 37- year-old female in Atlanta, Georgia who was “looking for someone with experience with REAL taboo to be a good teacher” for her 9-year-old daughter.   Castaneda grabbed the bait and began communicating with Kandi, telling her he was experienced in “incest, pedophilia, and grooming” and went on about his own experiences with minors.  Kandi responded that she had a 9-year-old daughter “wanting to learn more and looking for someone with experience like you.”   It turned out that Kandi was an undercover law enforcement officer, and not the mother of a 9-year old, who had posted the ad on Craigslist.

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The Hendersons’ appeal involved a civil-rights suit against the City of Huntsville and the Chief of Police alleging that the Chief and the city violated their First Amendment rights to freedom of speech and the free exercise of religion through the City’s permit ordinance and the requirement of a noise provision in their special event permit.

The Hendersons believe that abortion is the murder of an unborn child and abortion is contrary to their sincerely held religious beliefs. They act upon those beliefs by standing on the public sidewalks near two Huntsville, Alabama, abortion clinics to express their views and offer counsel to clinic employees, visitors, and patients who pass by. Under the Huntsville municipal code, their activities constitute a minor event and do not require a permit. But their protests bring out counter protesters from abortion-rights advocates and the presence of the abortion rights advocates makes it more difficult for the Hendersons to make their speech heard for two reasons. First, the Huntsville municipal code requires simultaneous sidewalk events to be held at least 10 feet apart. The Hendersons allege that the abortion-rights advocates take advantage of that policy by obtaining permits for events in front of the clinic and forcing the Hendersons to the other side of the street. Second, the abortion rights advocates drown out the Hendersons by shouting and ringing cowbells.

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A man named Robert Lawrence was shot by a police officer in front of his wife and children after an incident that began when took a stray dog to the animal shelter in Dothan, Alabama. Lawrence and his family found a stray dog in a Walmart parking lot and decided to take the dog to the shelter. When he arrived there with the dog, he was asked to show some identification and to fill out some paperwork before leaving the dog. He felt that he should not have to do that and out of frustration he told the official he would leave and just let the dog out along the road leading to the shelter.

When people who are at the shelter threaten to abandon an animal, their policy is to have a police officer follow them to their vehicle to write down their tag number. That happened when Lawrence left the shelter. The police officer asked for his driver’s license when he arrive at his car, and he told her he did not have to show her one.   The officer called for a backup officer and detained Lawrence at his car where they argued while waiting for the backup.

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Stryker filed a federal lawsuit against three officers of the Homewood Alabama Police Department for excessive force in violation of the Constitution and for state law claims for assault and battery. The incident resulted from his arrest for disorderly conduct, resisting arrest, and failing to comply with a lawful order of a city officer. Stryker was a commercial truck driver. After he who arrived at Walmart Store at 2:00 a.m. with his delivery, he was approached by a Homewood Police Officer who told Stryker a woman called the police accusing Stryker of hitting her car on the highway.

Stryker’s version of what happened next was drastically different from the police officer’s version. Under Stryker’s version, he took out a camera to take photographs of the woman’s car, something his company required him to do in the event of an accident. The defendant officer told him not to take photos and to put away the camera. As went to return to his truck, without warning the officer tased him and kicked him when he fell to the ground. As he tried to get away the officer struck him multiple times in the face breaking his jaw. Stryker managed to get into the cab of his truck but the officer broke into the cab, and with other officers that had arrived, they removed him and continued to beat and kick him.

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Toddrey Bruce appealed his conviction for unlawful possession of a firearm by a convicted felon. Bruce was arrested when he was found in the possession of a firearm which was illegal under federal law for him to possess. In this appeal he claimed the trial court erred by not granting his motion to suppress the evidence of his gun possession because the seizure was a violation of the Fourth Amendment violation. Here are the facts leading to his seizure and arrest.

A 911 call came to the police at 3:00 a.m. by an anonymous person about a disturbance in the front yard of a “drug house” and that one of the men involved had a gun. He told the 911 operator that while he was speaking to the operator, they we were arguing and the person holding the gun he described as a black man standing next to a white car in front of the house. The tipster warned that the police should use caution because there might me shooting any minute. The dispatcher quickly related key parts of the call to the police and several officers who were nearby arrived on the scene with flashing police lights. The approaching officers saw two men in the white car at the address given by the tipster and for officer safety they drew their guns as they approached the car. The police approached Bruce while he was sitting in parked in front of a house. When the police approached the car, they told the men to exit the car, and Bruce tried to make a break for it. When one of the officers grabbed him, a semi-automatic pistol dropped from his waistband.

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Plaintiff James Tracy held a tenured position at the School of Communication as Florida Atlantic University (F.A.U.) when he ran a personal online blog called the “Memory Hole Blog” which began attracting news media attention for publicly questioning whether the Sandy Hook Elementary School shooting in Newton, Connecticut had in fact occurred. The University did not ask Tracy to stop blogging but did request that he post an adequate disclaimer on his blog and that he report his blog as an outside activity. Both were required under the faculty’s collective bargaining agreement. Tracy did post a disclaimer by he refused to report his blog arguing that the blog did not qualify as a reportable outside activity under the definition of a “conflict of interest/outside activity. After he ignored two years of repeated requests to submit outside activity reports, F.A.U. fired him for insubordination.

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