by admin | Jul 2, 2021 | Fourth Amendment
By Robert Rabe Esq. The United States Supreme Court continues to address “the circumstances under which a police officer may [take] a warrantless blood [sample from] a motorist who appears to have been driving under the influence of alcohol.” 2013 – Missouri v....
by admin | Jul 2, 2021 | Fourth Amendment
By Michael D. Williamson, Esq. The 9th Circuit Court of Appeals recently held that a five-hour detention, even assuming a legitimate reason to detain initially existed, but then dissipated, was too long under the circumstances. The court rejected a claim of qualified...
by admin | Jul 2, 2021 | Fourth Amendment
Author: Robert Rabe Huntington Beach Police Officer, Eric Esparza, fatally shot Dillan Tabares after the two were involved in a physical altercation. The decedent’s mother sued the City and Esparza under 42 U.S.C. §1983 and California negligence law. Esparza brought a...