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White Collar Criminal Defense Lawyer Blog

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Alabama officer’s stop of a Florida driver for a violation of Alabama license tag law was valid

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…

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Claim against Sheriff for detaining wrong person in jail for three days was valid

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…

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In this 1983 civil rights lawsuit the court found the police officer acted reasonably under the circumstances

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…

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Fourth Amendment challenge to seizure fails because the defendant was free to leave the police encounter.

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…

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Conviction for crossing state lines to sexually abuse a minor upheld against Fourth Amendment challenge and claim of Government misconduct

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…

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Officer acted reasonably using deadly force against a driver of a vehicle who led police on a chase.

This appeal involved a 1983 civil rights lawsuit under the Fourth and Fourteenth Amendments and various state law claims against the Columbus Georgia, the chief of police, and an officer Brown from the department.  This is how the appellate court stated the issue.  Whether, after a high-speed chase, a police…

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City of Huntsville’s noise permit was not unconstitutionally applied against anti-abortion protestors.

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…

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Use of a fraudulent Order of Supervision violated a federal criminal statute

Ardon Chinchilla was charged in a federal indictment with violating 18 U.S.C. §1546 by using a fraudulent Order of Supervision to obtain a driver’s license from the Florida Department of Highway Safety and Motor Vehicles. Section 1546 makes it a crime to knowingly use or attempt to use a forged…

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Prior state court sex offense qualified as an enhancement for federal child pornography conviction

Jason Kushmaul was indicted by a federal grand jury on two counts of distributing child pornography and with possessing material containing child pornography involving a minor under the age of 12 in violation of 18 U.S.C. section 2252A. He was arrested in Florida by Bay County Sheriff Officer who went…

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A jury must decide whether a tragic shooting by a Dothan, Alabama, police officer was unconstitutional

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…

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