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A Search Too Far: Pocket & Wallet Searches Raise Two Fourth Amendment Issues

The United States Court of Appeals for the Tenth Circuit recently issued an opinion in Montgomery v. Cruz, a case that highlights the limits on searches conducted during an investigative detention. This case arose after a police officer searched a suspect’s pockets and wallet, triggering two overarching legal issues for the court to consider. For the search of the pockets, the court considered whether […]

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A Ping Too Far? Cell-Site Tracking and Territorial Warrants in United States v. Thorne

In United States v. Thorne, No. 23-3054 (D.C. Cir. 2026), the United States Court of Appeals for the D.C. Circuit highlighted Fourth Amendment considerations that arise when officers use GPS-ping data and cell-site simulator technology to locate a wanted suspect, as well as the application of the good-faith exception when officers reasonably rely on a warrant in good faith. This case involved two different types

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Hash Hits, Human Eyes, and the Limits of Private Search in United States v. Lowers

In a recent case from the Fourth Circuit, the Court examined United States v. Lowers, a case that highlights privacy in the digital age and reiterates that individuals have a reasonable expectation of privacy in files they store in their private cloud accounts. Summary of the Facts In September 2019, 156 files were uploaded to the user “harvardeperstein@gmail.com’s” Google Drive account. Once uploaded, Google began

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Cuffs, Cursing, and Contested Compliance: Excessive-Force and Disputed Resistance in Franke v. Janes

The United States Court of Appeals for the Sixth Circuit recently addressed the limits of advanced pain-compliance techniques in Franke v. Janes, 168 F.4th 797 (6th Cir. 2026). This case arose from an officer’s use of a half-nelson and wrist torque technique while escorting a handcuffed man to a police vehicle, where inconclusive body-camera footage left unresolved whether the man was actively resisting. Summary of the Facts In March 2022, Ryan Franke attended his daughter’s basketball game at

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A Digital Trail to the Door: Emergency Aid & Warrantless Entry in United States v. Rowell

The United States Court of Appeals for the First Circuit recently issued a decision in United States v. Rowell, holding that a missing minor’s recent digital footprint, combined with evidence that the child may be endangered, may justify warrantless entry under the emergency-aid doctrine. Summary of the Facts On January 18, 2021, a father reported to the Belmont Police Department that his teenage daughter was missing and endangered. On January 21, the investigating officers gathered digital evidence

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Past Convictions, Parking-Lot Conversations, and Petty Inconsistencies Could Not Justify Prolonging the Traffic Stop in United States v. Hawkins

The United States Court of Appeals for the Fourth Circuit recently issued an opinion in United States v. Hawkins, a case that clarifies the limits on an officer’s ability to prolong a traffic stop based on reasonable suspicion. Summary of the Facts In the early afternoon, officers from the West Virginia drug task force conducted surveillance in an area associated with high-volume drug activity.

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United States v. Ducksworth: Driver’s Hidden Gun and Dishonesty Justified Passenger Frisk

The Fifth Circuit held that officers had reasonable suspicion to conduct a protective pat-down of a vehicle passenger after discovering that the driver possessed a concealed firearm and had been dishonest about it. The court concluded that the totality of the circumstances, including the driver’s weapon, the nighttime stop in a high-crime area, and the officer being outnumbered, created reasonable suspicion that the passenger

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No Shortcut Around the Fourth Amendment: Supreme Court Holds Geofence Location Data Is a Search Under the Fourth Amendment

On June 29, 2026, the Supreme Court explained how the Fourth Amendment applies to the use of a geofence warrant. In doing so, the Court was tasked with considering two questions: whether the police conducted a “search” when they obtained the cell phone location data that led to Chatrie’s arrest, and if so, whether that search was reasonable given the features of the warrant

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United States v. Nahkai: Miranda Custody and Voluntary Interviews Outside the Home

The Tenth Circuit recently released their decision for United States v. Nahkai, which examines when someone is in custody for Miranda. The Tenth Circuit held that Andy Nahkai was not in custody for purposes of Miranda during his interview with investigators in an unlocked vehicle outside his home. The court concluded that the setting, lack of physical restraint, and overall circumstances would not have

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Plate Readers and Plain View: The Fifth Circuit’s ALPR Analysis in United States v. Porter

The United States Court of Appeals for the Fifth Circuit recently released an opinion in United States v. Porter, a case that considers whether the government’s use of historical location information from a networked license plate reader system, constitutes a search under the Fourth Amendment, and whether a traffic stop and seizure arising from data obtained from a license plate reader is lawful. Summary of the Facts Elijah Porter was a wanted individual in Mississippi who had an

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