April 25, 2019

Archives for May 4, 2010

Case Law: Tenth Circuit Opinions, 5/4/10

The Tenth Circuit issued one published opinion on Tuesday.

Shroff v. Spellman was a Fourth Amendment appeal that began as a domestic relations case in 2005, when Shroff obtained a restraining order against the father of her infant daughter. When Shroff violated the terms of the very restraining order issued to protect her by photographing as evidence the father while he, too, was violating the order, she was arrested by Officer Spellman for contempt.

While in custody at the police station, Shroff requested a private room in which to express breast milk, a medical necessity, for her infant daughter. Though the officer complied with the request, he ordered that Shroff be accompanied in the room by a female police cadet. Shroff then filed suit against Officer Spellman for unlawful search and seizure “without any basis for believing that she was engaged in criminal activity.”

The Tenth Circuit found that Spellman violated Shroff’s right under the Fourth Amendment to be free of “an unlawful seizure and an unreasonable search.”

There were no unpublished opinions.

Case Law: Tenth Circuit Opinions, 5/3/2010

The Tenth Circuit issued one published and two unpublished opinions on Monday.

At issue in United States v. Smalls (published) was whether the district court erred in excluding an “accomplice’s nontestimonial statement to a fellow inmate implicating the accomplice and [d]efendant … in a murder.”

Both unpublished cases, United States v. Hensel and United States v. Rascon-Otero, concerned counsels’ motions to withdraw and dismiss the plaintiffs’ appeal in their respective controlled substance cases.