Resources

Conlon v. Scaltreto: Evaluating Police Use of Force in Mental Health Crises

The United States Court of Appeals for the First Circuit recently released a ruling in Conlon v. Scaltreto. This case stems from a police response to a mental health crisis and examines how courts will evaluate the totality of the circumstances when key facts about the immediacy of the threat and the use of lethal force remain disputed. In January 2021, Newton Police Officer […]

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No Suspicion, No Strip Search: Eleventh Circuit Bars Suspicionless Searches of Prison Visitors and Rejects Qualified Immunity

The Eleventh Circuit held that prison officials generally may not conduct strip searches of civilian visitors without reasonable suspicion that the visitor is concealing contraband. The court also held that qualified immunity did not protect the officers because the constitutional violation was sufficiently clear that a reasonable officer would have understood the conduct was unlawful. Summary of the Facts In February 2017, Clarissa Gilmore

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K9 Sniffs at the Door: Understanding the Limits of the Fourth Amendment in Apartment Buildings

We head to the Fourth Circuit to examine the recent and consequential ruling in United States v. Johnson. This case serves as a critical exploration of Fourth Amendment boundaries, specifically regarding the distinction between protected curtilage and common property in multi-unit dwellings during warrantless K9 sniffs. The Facts of the Case In March 2019, Washington County law enforcement officers collaborated with the DEA to investigate

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Podcast: SCOTUS Affirms Standard for Emergency-Aid Entry into the Home in Case v. Montana

This episode of the Guardian Mindset Podcast with Attorney Eric Daigle breaks down the Supreme Court’s Case v. Montana decision and what it means for welfare checks, mental health calls, and warrantless entry into a home. Learn when officers can act without a warrant and how to apply the emergency aid exception the right way. Weekly Legal Updates with Path of the Guardian: Request

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SCOTUS Affirms Standard for Emergency-Aid Entry into the Home in Case v. Montana

The Fourth Amendment draws its sharpest line at the front door of a home, but that line is often blurred as modern policing increasingly intersects with mental health crisis response and the need to render emergency aid. On January 14, 2026, the Supreme Court of the United States addressed this intersection in Case v. Montana, 607 U. S. ____ (2026), where the high Court considered “whether law

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No Police, No Suppression: Sixth Circuit Upholds Identification in United States v. Radaker-Carter

The United States Court of Appeals for the Sixth Circuit recently released a decision in United States v. Radaker-Carter, a case that considers suggestiveness regarding reliability and admissibility of police identification procedures. This case highlights that evidence identifying someone as a suspect usually cannot be thrown out on the grounds that a witness saw a picture from a friend before a police lineup, unless the

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Kampas v. City of St. Louis, Missouri: Eighth Circuit Upholds Qualified Immunity in Protest Arrests

The United States Court of Appeals for the Eighth Circuit recently released a ruling for Kampas v. City of St. Louis, Missouri. This case stems from a 2017 acquittal where a former St. Louis Police Department officer was acquitted of the first-degree murder of Anthony Lamar Smith, an African American man. This led to protests breaking out across the city from September through October.

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Ninth Circuit Rejects Fifth Amendment Compulsion Theory Where Police Properly Mirandize in United States v. Watson

In a recent case, the United States Court of Appeals for the Ninth Circuit released a decision in United States v. Watson, a case that highlights a parolee’s rights during law enforcement investigations and considers the boundaries of compelled statements under the Fifth Amendment. Summary of the Facts In May 2022, Federal Drug Administration agents and the Nampa Police Department began investigating Tyler Jay

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Sting Operations and Smartphones: Tovar Validates Federal Charges Built on Digital Communications

The United States Court of Appeals for the Eleventh Circuit recently rendered an opinion in United States v. Tovar, a case that deals with human trafficking charges and considers whether the use of a cell phone or the Internet is sufficient to satisfy a federal statute’s interstate commerce element. Summary of Facts In 2022, federal agents in Florida conducted an undercover operation to target

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