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Flight, Factors, and the Fourth Amendment: Supreme Court Finds Reasonable Suspicion in District of Columbia v. R.W., 608 U.S. ___ (2026)

District of Columbia v. R.W., 608 U.S. ___ (2026) TOPIC: Fourth Amendment / Investigatory Stop / Reasonable Suspicion. In District of Columbia v. R.W., 608 U.S. ___ (2026), the Supreme Court of the United States affirmed that when courts are tasked with assessing whether a police officer had reasonable suspicion, the court must consider the totality of the circumstances, which precludes evaluating and rejecting

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Tips, Trackers, and Truths Omitted: Seventh Circuit Considers United States v. Felton

The United States Court of Appeals for the Seventh Circuit recently examined United States v. Felton, 159 F.4th 1128 (7th Cir. 2025), addressing whether an affidavit established probable cause for a GPS tracking warrant when the affidavit relied heavily on a confidential informant’s tip and omitted key information about the informant’s credibility. Summary of the Facts In May 2019, a confidential informant informed law

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Paws on the Windowsill: When Does a K9 Sniff Become a Fourth Amendment Search?

The United States Court of Appeals for the Sixth Circuit recently examined United States v. Fellmy, a case that highlights how a canine’s brief, instinctive behavior during a lawful exterior sniff is not a Fourth Amendment violation without officer encouragement or facilitation. Summary of the Facts In Mercer County, Kentucky, Deputy Michael Raisor received an anonymous tip that Steven Fellmy was trafficking drugs in a

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Beneath the Seat, Beyond a Hunch: Protective Vehicle Searches in United States v. Erving

The United States Court of Appeals for the Seventh Circuit recently released an opinion in United States v. Erving, a case that highlights the circumstances under which a protective vehicle search is permissible under the Fourth Amendment. The court examined whether the officer had reasonable suspicion that Erving was dangerous and could gain immediate control of a weapon. Summary of the Facts In September

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Handcuffs, Harm, High-Risk Stops – Fifth Circuit Grants Qualified Immunity in Lewis v. Delgado

The United States Court of Appeals for the Fifth Circuit recently issued an opinion in Lewis v. Delgado, 163 F.4th 926 (5th Cir. 2026), a case that considers when officers are entitled to qualified immunity for briefly handcuffing a person with a medical condition during a high-risk stop. The Fifth Circuit held that, even if the officers knew about Lewis’s condition beforehand, their actions

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Hatchet Held Low, Harm Not Imminent: Deadly Force and Qualified Immunity in Byers v. Painter

The United States Court of Appeals for the Fourth Circuit recently decided Byers v. Painter, 173 F.4th 155 (4th Cir. 2026), a case examining the limits of qualified immunity when an officer uses deadly force against an armed but nonthreatening suspect who is fleeing. The court held that, at the time of the encounter, clearly established law prohibited the use of deadly force against

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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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