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Barry’s Boundaries: When Probable Cause Meets Probation Search Conditions

In a recent case decided by the United States Court of Appeals for the Ninth Circuit recently rendered a decision in United States v. Barry, a case that examines the application of Fourth Amendment protections against unreasonable searches and seizures in the context of probation conditions allowing warrantless searches when residence is established.1 The decision highlights how courts assess whether probable cause had been sufficiently […]

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Bytes and Bounds: Holcomb’s Warning Against Unfettered Electronic Searches

The United States Court of Appeals for the Ninth Circuit issued a decision in United States v. Holcomb, 23-469 (9th Cir. 2025), where the Court considered “whether an individual can be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution. Ultimately, the Circuit wrote, “In the circumstances of this case, respect for the Constitution and the rule

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No-Knock Nuances: Davis v. City of Little Rock Clarifies Warrant Execution Standards

The United States Court of Appeals for the Eighth Circuit recently rendered a decision in Davis v. City of Little Rock, No. 23-1636 (8th Cir. 2024), a case that considered the boundaries of permissible no-knock warrants, qualified immunity for officers, and the standards required for challenging warrant affidavits. Stemming from the execution of a no-knock search warrant at the residence of Derrick Davis, Davis filed

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Fatal Force and Faulty Foundations: Fourth Amendment Failings in Ibarra v. Lee

In a recent case out of the Tenth Circuit, the court was tasked with assessing Ibarra v. Lee, No. 24-5070 (10th Cir. 2025), which considers the availability of qualified immunity after officers fatally shot an individual while serving him with an emergency protective order. Factual Summary This case arose from an incident in March 2020, after the decedent’s girlfriend filed a protective order against

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Confession or Coercion? Constitutional Clarity in United States v. Maytubby

The United States Court of Appeals for the Tenth Circuit recently decided United States v. Maytubby, a case that evaluates whether a confession obtained during a police interview was voluntary under the Fifth Amendment, highlighting an example of how courts assess officer conduct and potential coercion during non-custodial interviews. In December 2020, Lance Maytubby was questioned at a police station following allegations of sexual

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Fatal Force and Front Doors: Fifth Circuit Considers Fourth Amendment Framework in Bakutis v. Dean

The United States Court of Appeals for the Fifth Circuit recently issued its opinion in Bakutis v. Dean, a case that provides guidance on the use of deadly force under the Fourth Amendment and examines the boundaries of the community caretaking exception to the warrant requirement. The Court was tasked with considering whether a Fort Worth police officer was entitled to qualified immunity after fatally

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Handcuffed on the Strip—Court Rules Visible Glock Justified Extra Restraint During Traffic Stop

The Ninth Circuit Court of Appeals recently issued a decision in United States v. In, 124 F.4th 790 (9th Cir. 2024), after the defendant, Larry In, was charged with being a felon in possession of a firearm following a traffic stop conducted by officers of the Las Vegas Metropolitan Police Department. This case offers essential guidance for law enforcement officers, considering the proper scope of

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No Duty to Dive: 41-Degree Back Cove Death Does Not Trigger State-Created-Danger Claim, Says First Circuit

The United States Court of Appeals for the First Circuit recently addressed the State Created Danger Doctrine in Cohen v. City of Portland. This case arose after Eric Cohen, experiencing a psychotic episode, attacked his girlfriend and fled into the cold waters of Portland’s Back Cove, where he eventually drowned from hypothermia. Factual Background On April 12, 2020, the Portland Maine Police Department received an

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Six-Second Shooting Strips Seattle Officers of Immunity — Ninth Circuit in Johnson v. Myers

The United States Court of Appeals for the Ninth Circuit issued a decision in Johnson v. Myers, 129 F.4th 1189 (9th Cir. 2025), where the Court considered whether a suspect posed an immediate threat to officers for purposes of determining whether the officers’ use of deadly force was justified. The case reached the Court after Ryan Smith was shot and killed by two Seattle police

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50 Days, No Warrant: Second Circuit Green‑Lights Pole‑Camera Surveillance of Storefronts

The United States Court of Appeals for the Second Circuit recently addressed the intersection of modern surveillance technology and the Fourth Amendment in United States v. Harry, 130 F.4th 342 (2d Cir. 2025). As part of an ongoing investigation into suspected drug trafficking activities, DEA agents employed a stationary pole camera to continuously monitor the exterior of Action Audio Store for approximately 50 days without

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