City settles case of extended stop

This month the City of Checotah settled a case alleging its police officer unlawfully extended a traffic stop in violation of Rodriguez v. United States. In Rodriguez the Supreme Court held that police cannot prolong a routine traffic stop to conduct an investigation that is unrelated to the mission of the stop itself. In other… read more…

Court: Fido is an “effect” under the Fourth

Can a police officer violate the Fourth Amendment by shooting your dog? On Monday the Tenth Circuit joined a growing number of appellate courts that have answered the question in the affirmative. In Mayfields v. Bethards, two deputies left their patrol car, entered the Mayfield’s property without a warrant, approached the porch and shot their Malmute… read more…

Court: Jury Could Conclude Jailers Acted Recklessly

In an opinion released today in Wright v. Stanley, the Tenth Circuit held that a jury could find that two jailers acted recklessly when they placed an arrestee into an already overcrowded cell while they looked for another place for him. The inmates in the cell told the jailers that five minutes “won’t work.” After… read more…

Court: “Law not clearly established”; refuses to clarify law

On Tuesday the Tenth Circuit issued its opinion in Estate of Reat v. Rodriguez, where a 911 operator continually failed to dispatch help to a motorist who was under attack. The operator actually instructed the motorist to return to the area of the attack, which resulted in the motorist’s shooting death. In detailing the facts,… read more…