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In this civil rights action Montanez sued the Volusia County Sheriff’s deputies for the warrantless entries into the plaintiff’s house, the deputies appeal the district court’s denial of their summary judgment motions for a dismissal. In their challenge they claim that the brief searches were justified by exigent circumstances.   The warrantless searches here arose when a deputy driving his unmarked car through a neighborhood that had a rash of daytime robberies saw a man behind a house who appeared to be looking around nervously while talking on the cell phone. He saw a second man approach the first man and begin huddling with the first man. The officer was convinced they were planning a break-in of the house.

Officer called for backup and when backup arrived they approached the men and handcuffed them. One of the deputies, Raible, entered the back door. Without crossing the threshold he leaned into the doorway and announced he was with the sheriff’s office and directed anyone in the house to come out.

After searching the two individuals they found two kitchen knives they believed were used to pry open the doors after having seen what they believed were fresh marks on the door jam.   When additional officers arrived they decided to enter the home a second time to look for additional perpetrators or potential victims. The second entry was the first into the homes interior and which the officers described as a sweep, which lasted 4 minutes. During the second sweep the officers saw in plain view what they believe to be marijuana and drug paraphernalia.

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Defendant Whitman started a trucking company called United Logistics. To increase business and profits he bribed three employees of the federal Defense Logistics Agency to steer transportation contracts his way.  Whitman was convicted of federal crimes including bribery, wire fraud, and obstruction involving government contracts and took this appeal.

The evidence at trial showed that for about four years Whitman’ scheme defrauded the United States of more than $15 million by bribing three employees of the Defense Logistics Agency on a Marine Corps base to use his trucking company to ship military equipment around the country.

Because the Department of Defense hired an outside company to book shipment carriers, the four schemers devised shipment requirements that all but guaranteed that United would receive assignments. Yet Whitman rarely if ever satisfied the special requirements the Defense Logistics Agency imposed. Furthermore, Whitman’s company only owned two trucks and his assistant would have to hire other trucking companies to handle the shipments he contracted with the Defense Department.

Although the Defense Logistics Agency employees never discussed with each other the specifics of their individual arrangements with Whitman, they knew about the criminal conduct of their coconspirators. Whitman told the others that McCarty was working for him and that he was paying McCarty to get him as many loads as possible. One of the coconspirators was McCarty’s supervisor and he frequently reviewed McCarty’s work and had identified fraudulent activity without taking any corrective measures.

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Defendants Maxi and Bland appealed their convictions for conspiracy to possess with intent to distribute a controlled substance, possession with intent to distribute a controlled substance, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon. Their charges followed their arrest at 132 N.E. 64th Street in Miami and the subsequent search incident to arrest at the property. Subsequently a, search warrant was issued and wiretaps were authorized.

Defendant Maxi challenged the search and seizure of drugs from the apartment that took place before the search warrant was issued. The trial court denied the motion and Maxi appealed. As to the standing issue the court found he did have standing to challenge the search because he rented the apartment and had a reasonable expectation of privacy in the duplex.

The next challenge raised concerning the search was that the police illegally entered the curtilage of the duplex when 10 officers surrounded the building at night one with his gun drawn. The government responded that the entry was permissible under the “knock and talk” Rule. The court rejected the knock and talk argument because the rule implies that the police have an owner’s implied permission to approach a home and this was not the case here where. the officers here breached the curtilage of the duplex by many going through a gate in the fence and four or five approaching the door and the rest taking up tactical positions around the exterior. But the constitutional violation did not result in the production of any evidence and there was no evidence to suggest that anything would have turned out differently if a proper knock and talk have been done.   The court also upheld the district court’s finding that Maxi had opened the door voluntarily.

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Nelson Machado lived in Orlando, Florida from 2005 through 2009, then moved to Bradenton, Florida, before he moved back to his native Brazil in December of 2009, to work as a pastor in Brazil. In April of 2010, he was indicted for three counts of wire fraud. The indictment charged him with wire fraud in violation of U.S.C. section 1343 accusing him of making false representations as part of a scheme to obtain mortgage loans. The evidence showed he applied for and obtained three mortgage loans worth a total of $739,900. When he applied for the loans Machado had a monthly salary of $3,000 and very little savings. The monthly payments for those three loans totaled $5,322.00. The properties he purchased with the loans were located in Cape Coral, Florida and valued at $509,900 with first and second mortgages totaling $490,000. The false statements he provided were that he was the manager of a tile corporation with $79,949 in personal savings. He also provided false documents regarding his employment and bank account.

He then contracted to purchase a second property and applied for a $249,900 mortgage loan. As in the first property, he provided false statements about his employment and his bank account with false documents to back it up. On top that, he failed to disclose the financial details of his first property purchase, indicating that it would be his primary home.

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In U.S. v. Johnson the court of appeals found an officer conducted an unconstitutional search and seizure when he removed a round of ammunition from the defendant’s pocket after conducting a pat down of the defendant who was a burglary suspect.  The facts show the Opa-Locka, Florida, Police Department received a 911 call about a potential burglary in progress at a multifamily duplex.  Behind the duplex was a fence that separated the duplex from the adjacent property.  The 911 caller described a black male wearing a white shirt trying to get through the window of a neighbor’s house.

Soon after officers arrived, the defendant was seen coming from the back of the complex through an alley.  He fit the description of a black male wearing a white shirt,   He was ordered to the ground and handcuffed and detained until they could figure things out.  Because of the nature of the call and the high crime nature of the area, the officer conducted a pat down of Mr. Johnson for officer safety.  The officer felt a nylon piece of material and then underneath it he felt a hard-like, oval-shaped object which led him to believe it was ammunition.  He removed it thinking that there might be a weapon nearby or another person in the apartment that may come out with “something.”  It was a black nylon pistol holster and one round of .380 caliber ammunition.

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In this case Hernando Vergara appeals the denial of his motion to suppress evidence found on two cell phones that he carried upon returning to Tampa, Florida on a cruise from Cozumel, Mexico. The search took place in Tampa where he entered customs. Vergara had already been on the list of “lookouts” by the Customs and Border Protection officer because of a prior conviction for possession of child pornography. An individual placed on this list is subjected to secondary screen at the border, which involves additional questioning and searching.

In the secondary screening the agent found two cell phones and initially the search a few apps nothing of interest was found until the agent came upon a video which depicted topless females he believed were minors. Another agent handling criminal investigations concluded the website distributed child pornography, though the video did not meet the statutory definition of child pornography. Because the agent did not have the capability to forensically analyze the phone at the port of entry, the agent seized the phone. The data extracted from the phone revealed more than 100 images and videos of child pornography on the phone.

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The Eleventh Circuit rejected Austin Gates’ federal civil rights claim against three City of Atlanta Police officers for arresting him without probable cause during a protest in downtown Atlanta. Gates claimed the arrest was in violation of the Fourth and First Amendments of the Constitution as well as various Georgia state court laws. Gates participated in a march protesting a grand jury’s decision not to file charges in the Ferguson, Missouri police-shooting. During the protest he was given a “V for Vendetta” mask by another protester. The mask was a stylized image of the Guy Fawkes character from the movie “V for Vendetta” and designed to cover the entire face. He and other protesters wore the same masks to express his disagreement with the grand jury’s decision and to maintain anonymity during the protest. At some point during the protest Defendant police chief Whitmire ordered the protesters to remove their masks multiple times over a loudspeaker and warned that any mask-wearing protesters would be arrested. After the warning, Whitmore issued orders to arrest any protesters wearing masks and the plaintiff was arrested. When asked why he was being arrested, the defendant officer did not immediately respond and after conferring with other officers, he was told the arrest was for wearing a mask. Gates followed with this complaint against the City and the officers pursuant to section 1983.

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This is an appeal by the estate of Shaw who was killed by a Selma Alabama police officer after the district courted granted a summary judgment in favor of the defendants. Shaw’s estate filed a lawsuit against the City of Selma, the police chief and the police officer for excessive force and false arrest under 1983 as well as several state law tort claims. Because the court found that Shaw posed there a threat of physical harm at the time he was shot, the appellate court upheld the dismissal.

Here is how the facts unfolded. The Selma Police received an emergency call from a Church’s Chicken restaurant about an incident involving a 74-year-old mentally disturbed man who attempted to enter the restaurant but was turned away because he had apparently there a few days earlier armed with a knife. When officers arrived, he was spotted at a nearby laundromat and the events were recorded on the officer’s body camera. There Shaw picked up an axe. The officer drew his weapon and ordered him to put down the axe. As Shaw left premises and walked toward the Church’s restaurant the officers followed him. At one point Shaw turned toward the officer shouting at the officer to “Shoot it”. When Shaw was less than five feet away moving toward him with axe in hand and still yelling at the officer to shoot it, the officer fired at Shaw and killed him.

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In this appeal Plaintiff Raymond Berthiaume sued Lieutenant David Smith of the Key West Police Department and the City of Key West. In his lawsuit he claimed he was falsely arrested, and claimed he was the victim of excessive force, false imprisonment, battery, and malicious prosecution at the hands of the officer who arrested him during an incident that took place during the Fantasy Fest Parade events in Key West.

The facts stem from an altercation between two gay men who formerly had been partners. Both men attended the Fantasy Fest parade with friends after which they went to a gay bar. Berthiaume was not ready to leave the bar when Jimenez was, so Jimenez waited by his car for a short time but returned to the bar to find Jimenez still there. Berthiaume led Jimenez out of the bar with his hand on Jimenez’s upper arm. Jimenez took the car keys from Berthiaume and ran down an adjacent alleyway. Berthiaume chased after Jimenez to retrieve his keys. Several police officer patrolling the activities observed the activities between the men and believed that they were witnessing a fight or altercation between the two men. Officer Smith ran toward the alley to intervene and he pushed Berthiaume on the shoulder to stop him from pursuing Jimenez causing him to fall and damage his wrist and jaw. Jimenez explained they were former partners and were trying to get back to together. Despite Jimenez’s unwillingness to press charges against Bethiaume, Smith arrested him and charged him with domestic battery.

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In this appeal Mathews Martinez appeals his 60 month sentence for his conviction for intentionally causing damage to a protected computer of the Department of Veterans Affairs and resulted in the modification and impairment of the medical care of an individual and for knowing altering ad making a false entry in date stored within the Department’s computer system with the intent to impede obstruct and influence the investigation and proper administration of a matter within the Department’s jurisdiction. Mathews was a nurse in the surgical intensive care unit of the VA hospital who did not record the changes in the patient’s vital signs during his stay in intensive care following heart surgery. Later the patient died of heart failure. When Matthews returned to work, he was confronted about the patient’s care. Knowing there would be an investigation, he went back into the patient’s records and entered numbers and notations.

Mathews challenged his enhanced sentence the court found that he did alter a substantial number of records and he altered essential and probative records. The court also enhanced his sentence because his victim was vulnerable and Mathews was in charge of the patient’s care. The court also determined that he tested positive for cocaine while on bond and found that it lacked any authority to grant him acceptance of responsibility reduction in his guidelines. The court ultimately found the guidelines range was insufficient and varied upward to a 60 month sentence.

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