RAY WHITE v. DANIEL T. PAULY
Supreme Court of the United States, Per Curiam, Jan. 9, 2017,
Qualified Immunity – An officer was immune from suit where no clearly defined law required an officer taking fire to give a warning before using deadly force.
DEON LEROY WILLIAMS v. STATE OF MARYLAND
Court of Special Appeals, Alpert, Filed Dec. 2, 2016,
Strip Search – Strip search was lawful when conducted in police barracks incident to arrest for traffic violation given nervousness, large quantity of cash, and reliable informant information that the Defendant was in possession of drugs
STATE OF MARYLAND v. JAMAL RASHEED SIZER
Court of Special Appeals, Moylan, Nov. 29, 2016,
Terry Stop – For Terry purposes, a “high-crime area” need not be as violent as Wardlow‘s south Chicago.
Affirmed on other grounds by COA
(Concur – Graeff- Agrees that stop was valid, evidence shouldn’t be excluded even if stop invalid, but disagrees and thinks the “but-for”/”attenuation” analysis is proper)
(Judge Moylan writes individually to explain the difference between Attenuation, Independent Source, and Inevitable Discovery)
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DARRELL BELLARD v. STATE OF MARYLAND
Court of Special Appeals, Nazarian, August 31, 2016,
Murder – Sentencing – Statutory remnants of the repeal of the death penalty did not create a new sentencing procedure that allowed for election of sentencing by jury in 1st Degree Murder trials
DONZEL SELLMAN v. STATE OF MARYLAND
Court of Appeals, Greene, August 24, 2016,
Frisk – Nervousness, presence in a high crime area, conflicting stories, and questionable identity provided did not amount to reasonable suspicion that the suspect was armed and dangerous. Frisk was illegal.
(Dissent – Watts, joined by Battaglia – would find RAS for frisk based on totality of circumstances, would credit arresting officer as did fact finder)
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DANNY BIRCHFIELD v. NORTH DAKOTA
WILLIAM ROBERT BERNARD, JR. v. MINNESOTA
STEVE MICHAEL BEYLUND v. GRANT LEVI, DIRECTOR, NORTH DAKOTA DEPARTMENT OF TRANSPORTATION
Supreme Court of the United States, Alito, June 23, 2016,
DUI/DWI – The States may not criminalize refusal to take a warrantless blood test, but there is no right to refuse a breath test incident to a DUI/DWI arrest.
(Concur and Dissent – Sotomayor with Ginsburg – officers should have to obtain a warrant for both breath and blood tests)
(Concur and Dissent – Thomas – officers should not have to obtain a warrant for either breath or blood tests due to exigency)
UTAH v. EDWARD JOSEPH STRIEFF, JR.
Supreme Court of the United States, Thomas, June 20, 2016,
Search – Exclusionary Rule – Evidence recovered from a suspect search incident to a valid arrest warrant need not be excluded even where the initial detention lacked reasonable suspicion
(Dissent – Sotomayor joined by Ginsburg for parts I-III – Starts by misstating the Court’s holding, then provides legitimate points related to a constitutional violation providing the basis for a constitutional search, then on her own discusses racial impact of unconstitutional policing)
(Dissent – Kagan with Ginsburg – Discovery of an arrest warrant after an unconstitutional stop is not an “intervening circumstance,” it is a product of the unconstitutional stop)
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