Federal Circuits Archives - Page 2 of 2

29 05, 2020

CA6 – Duration of K9 Bite as Reasonable Force

By Clay Smith|2021-02-09T16:02:32+00:00May 29th, 2020|CA6, Federal Circuits, Use of Force|0 Comments

Zuress v. City of Newark, 2020 U.S. App. LEXIS 17134 (6th Cir. May 29, 2020): The second alleged unreasonable use of force was the delay in stopping the dog bite after plaintiff had been subdued. We have acknowledged that it is possible for “a delay in calling off [a police] dog . . . [to] rise to the level of an unreasonable seizure.” Greco v. Livingston Cty., 774 F.3d 1061, 1064 (6th Cir. 2014). But the facts here do not support a Fourth Amendment violation. Once defendant and the dog made physical contact with plaintiff, there were about five seconds [...]

CA11 – Detention was Reasonable for Dog because Reasonable Suspicion Existed

By Clay Smith|2021-02-10T15:21:17+00:00March 12th, 2019|CA11, Federal Circuits, Narcotics Detection, Vehicle Sniffs|0 Comments

United States v. Rodriguez, 2019 U.S. App. LEXIS 7236 (11th Cir. Mar. 12, 2019) Here, Rodriguez did not undergo an unreasonable seizure. For starters, law enforcement officers had a reasonable suspicion that he was involved in criminal activity. See Lewis, 674 F.3d at 1303. Evidence presented at the suppression hearing revealed that officers knew that: (1) Rodriguez’s co-conspirator, Julio Cesar Rifat, was planning a seven-kilogram cocaine transaction; (2) Rifat typically worked with others when he did his drug transactions; (3) Rifat met with Rodriguez and Garcia at a residence the morning of the planned transaction; (4) Rifat left alone from [...]

CA10 – United States v Parada – Positive Alert without Final Trained Response Recognized

By Clay Smith|2021-02-09T16:03:05+00:00April 25th, 2009|CA10, Federal Circuits, Vehicle Sniffs|0 Comments

United States v Parada (577 F. 3d 1275 (2009) U.S. Court of Appeals Tenth Circuit) Holding that "officers had probable cause to search the entire vehicle based on the dog's alert to the front driver's side door" One of our early dog sniff cases assumed without deciding that the police had only reasonable suspicion until the dog "keyed," i.e., indicated, the exact location of the drugs whereupon officers had probable cause to search. United States v. Stone, 866 F.2d 359, 364 (10th Cir. 1984). The precise issue raised by Mr. Parada was not before the court in Stone, however, and our later cases have not [...]

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