Articles Posted in Civil Rights

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The issue here is whether a police officer seizing a cell phone from someone recording an incident violates the Fourth Amendment. In this civil rights appeal, the Martin County Sheriff’s Office Deputy Beatty claiming he was entitled to qualified immunity for seizing the plaintiff’s iPhone after from Crocker after he took photos and videos of a car accident crash scene from where he stood on the interstate grass median. The district court denied his motion for summary judgment and he took this appeal.

Crocker stopped while driving on Interstate 95 in Martin County, Florida when he observed an overturned SUV. Soon after he stopped, emergency personnel arrived but he remained in the interstate median about fifty feet from the SUV.  Crocker then took out his cell phone and proceeded to take photos and videos of the scene that included images of empty beer bottles, the overturned vehicle, and firemen. About thirty seconds after Crocker started using his camera, Beatty walked over to him, reached out from behind him without warning or explanation and took the iPhone out of his hand. When asked by Beatty why he was on the scene Crocker explained that he had stopped to assister before first responders had arrived. Beatty told the plaintiff to leave and the plaintiff agreed to but wanted his cell phone back. Beatty replied that the photos and video on the phone were evidence of the state and the plaintiff would need to drive to the nearest weigh station to wait for instruction about the return of his phone after the evidence could be obtained from it.

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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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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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In this Civil Rights claim Carter along with two other plaintiffs sued the Butts County, Georgia Sheriff office and a deputy sheriff for false arrest, claiming the Sheriff violated the Plaintiffs’ Fourth Amendment right to be free from unreasonable search and seizures.

These are the facts leading to the Plaintiffs’ arrest. When the deputy’s home had fallen into foreclosure, the mortgage holder advised the deputy that the home would sold in a foreclosure sale. After the deputy moved out of the property, the property was turned over to a maintenance company to prepare the property for resale. The deputy was given notice, and the authorized representatives of the entity handling the sale, the plaintiffs, had entered the house to clean and prepare for the sale. The deputy arrived at the house and ordered the plaintiffs to leave. The plaintiffs tried to show him credentials and documentation of the eviction. The deputy contacted the court clerk and learned there was no eviction proceeding against him. He ordered their arrest for burglary, criminal trespass, and theft, and all three went to jail.

The trial court denied defendant deputy’s motion for summary judgment in which he argued for qualified immunity protection against the claim against him and it denied the sheriff’s summary judgment motion on the conversion claim. As to the remaining claims the trial court granted summary judgment.   The Defendants appealed from the trial court’s rulings.

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