The United States Court of Appeals for the Ninth Circuit recently rendered a difficult decision in the case of Perez v. City of Fresno. This case stems from an action brought by the surviving family members of Joseph Perez, who asphyxiated and died after police officers, at the direction of a paramedic, used their body weight to restrain Perez while he was prone in […]
In the recent case Milla v. Brown, the United States Court of Appeals for the Fourth Circuit examined Fourth Amendment claims lodged against two officers for detaining and searching the plaintiff and his vehicle without adequate reasonable suspicion to justify the detention. After receiving an anonymous tip about a nearby stabbing, police in Fairfax, Virginia, responded to a gas station, which was reported to
Midnight Missteps: The Limits of Reasonable Suspicion in Milla v. Brown Continue Reading
The United States Court of Appeals for the Ninth Circuit heard a case arising from a law enforcement investigation into the defendant’s involvement in a drug-dealing scheme and his unauthorized possession of firearms. Ostrum first captured the attention of law enforcement during a previous investigation into another suspect. As a result of that initial investigation, officers intercepted text messages indicating repeated methamphetamine and marijuana
In an interesting case, the Sixth Circuit recently tested the limits of the particularity requirement for search warrants under the Fourth Amendment, focusing on how courts assess errors within warrants to determine the impact that such errors may have on the validity of the warrant. United States v. Kirtdoll is a case out of the United States Court of Appeals for the Sixth Circuit,
The recent case from the Tenth Circuit, United States v. Dawson, probes the boundaries of the Fourth Amendment’s safeguard against unreasonable searches and seizures in the context of traffic stops, specifically when the driver is operating under a rental car agreement. This case arose on the morning of October 12, 2020, when Trooper Harley Kalb was performing routine patrol duties on Highway 50 in
In a recent case coming out of Capitol Hill, the Supreme Court issued a highly anticipated decision that grapples with retaliatory arrests, First Amendment freedoms, and the scope of the Nieves v. Bartlett “probable cause” exception. Gonzales v. Trevino reached the High Court after Sylvia Gonzalez—a 72-year-old councilwoman from Castle Hills, Texas — was arrested and charged for violating a state law that prohibits
Silenced Speech: The Supreme Court and the Battle Over Retaliatory Arrests Continue Reading
Potential to Revolutionize Public Safety Amidst Challenges and Overhyped Claims Artificial Intelligence (AI) is often heralded as a game-changer with the potential to revolutionize numerous aspects of our lives, including community engagement, law enforcement, and public safety. Its ability to analyze vast amounts of data, recognize patterns, and provide predictive insights offers promising applications that could significantly enhance the quality of life and safety
In United States v. Everett, the Fourth Circuit considered the actions of a defendant, following his involvement in drug distribution and charges for firearm offenses. The defendant, Everett, moved to suppress evidence obtained during his arrest. The defendant argued that officers violated his Fourth Amendment rights to be free from unreasonable searches and seizures when officers conducted a warrantless protective sweep of his home.
In recent developments at the Supreme Court, the High Court granted certiorari in United States v. Diaz, a case that promises to reshape our understanding and application of expert testimony in drug trafficking cases. This case sheds light on the admissibility of expert law enforcement testimony, particularly its role in supporting the prosecution’s theory that the defendant was consciously aware she was transporting drugs.
The Eleventh Circuit considered a heated encounter between DeKalb County Police Officer Jordan Vance and Kenneth Howard, who, amidst a tense standoff involving a knife, was shot three times by Officer Vance. Howard survived the shooting and brought 42 U.S.C. § 1983 claims for excessive force against Officer Vance and DeKalb County. The case of Howard v. DeKalb County arose after DeKalb County Police