For years, “positional asphyxia” has been the buzzword. However, the data is shifting. This conversation pivots toward metabolic acidosis, which is a physiological crisis that occurs when the body’s chemistry turns toxic during a prolonged struggle.
Understanding the Risks and Realities of Prone Restraint Deaths Continue Reading
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
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
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
SCOTUS Affirms Standard for Emergency-Aid Entry into the Home in Case v. Montana Continue Reading
The United States Court of Appeals for the Fifth Circuit recently decided United States v. Wilson, a case highlighting that law enforcement cannot stop citizens solely for carrying a firearm unless justified by reasonable suspicion based on the totality of the circumstances, such as connections to criminal activity. Summary of Facts This incident stems from an investigation regarding the whereabouts of Malik Fernandez, a
Weapons, Warrants, and the Fourth: Wilson Clarifies Terry Stop Limits Continue Reading
The United States Court of Appeals for the Tenth Circuit recently released an opinion in United States v. Ulibarri, a case that highlights Fourth Amendment issues regarding the validity of traffic stops based on reasonable suspicion, vehicle impoundments when there are mixed motives, and inventory searches. Summary of Facts In May 2021, Officer Lucas Perez and Officer Elsman of the Albuquerque Police Department heard a
The concept of Officer Created Jeopardy is increasingly influencing how courts, litigators, and law enforcement agencies analyze use-of-force incidents. This framework emphasizes accountability for officer actions and decisions leading up to a use-of-force event, rather than focusing solely on the moment force is applied. As reflected in recent legal discussions and case law, agencies must ensure that training, policy, and practice align with evolving judicial expectations regarding officer
Podcast: Officer Created Jeopardy in Use-of-Force Analysis Continue Reading
The United States Court of Appeals for the Fifth Circuit recently issued a ruling in United States v. Larremore, a case that highlights the importance of Fourth Amendment rights in the context of consent and reasonable suspicion. Fact Summary In July 2023, Deputy Christopher Colona was stationed near a border patrol checkpoint close to Marathon, Texas, during a shift change. Deputy Colona knew that shift
The United States Court of Appeals for the Second Circuit recently released an opinion in United States v. Concepcion, No. 23-6337 (2nd Cir. 2025), a case that considers the scope of sex trafficking statutes and the application of mens rea terms. In October 2019, Martin Concepcion met Camilla Rodriguez, a 16-year-old runaway, near a Bronx bodega. Concepcion and his roommates invited Rodriguez, who claimed to be 18, to a liquor store and
In United States v. McGhee, No. 23-3674 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit considered the boundaries of the Fourth Amendment regarding the distinction between curtilage and an open field. In this case, the Court examined whether law enforcement officers could use their plain view observations of private property as justification to enter and obtain a search warrant. Factual