Today’s Legal Update from the Tenth Circuit highlights excessive force being used after a suspect is handcuffed. In all use of force cases, the courts spotlight Graham v. Connor, which held that a claim of excessive force by law enforcement during an arrest, stop, or other seizure of an individual is subject to the objective reasonableness standard of the Fourth Amendment, rather than a […]
Pepper Spray and Unreasonable Use of Force Continue Reading
Today’s case from the Eighth Circuit involves officers locating two naked fugitives and conducting a protective sweep. ATF was later called in when a firearm was found during the initial search. Two cases to note to better understand our case today. First, in United States v. Cedano-Medina, the standard was set that a “warrantless search is valid if conducted [based on] knowing and voluntary
Naked Fugitives and Protective Sweeps Continue Reading
Officers in our case today from the Seventh Circuit had suspicions of drug activity and used what could potentially be seen as stalling tactics to ensure that a canine could arrive on the scene. According to the 2015 SCOTUS case, Rodriquez v. US, a seizure justified only by a police-observed traffic violation “becomes unlawful if it is prolonged beyond the time reasonably required to
How Long is Too Long During a Traffic Stop? Continue Reading
Today’s legal update comes to us from the Seventh Circuit and addresses the question of parolee rights. Many parolee agreements state that if a parolee violates his or her release agreement, officers have a right to search their belongings. This case also addresses several important court cases regarding cell phones, search warrants and parolee rights. The first case used in the court’s argument by
One of These Things is Not Like the Other: Parolee Rights & Warrantless Searches Continue Reading
Before we get into our case, let’s review the Supreme Court’s two objective tests for identifying a Fourth Amendment search. These two tests include whether police: (1) “physically intrud[es] on a constitutionally protected area” (under United States v. Jones); or (2) violate a person’s “reasonable expectation of privacy” (under Katz v. United States). These are different from a seizure, which is legally defined as
It’s All in the Hips: A Suspect’s Suspicious Movements Lead to A Reasonable Frisk Continue Reading
Today our case handles a situation involving a protective order and an impoundment. Because our case took place in the Tenth Circuit, there are some pretextual guidelines to consider when it comes to vehicle impoundment: Whether the car is on private or public property; Whether the property owner has been consulted; Whether an alternative to impoundment exists, especially the availability of someone else to drive
United States v. Simmermaker, out of the Eighth Circuit, brings new meaning to guilty by association. You may think that going over to a friend’s house and keeping your items locked up in security lockbox makes them private, but if your friend happens to be a known drug dealer, you would be wrong. Before we get to the rundown of this case, some notes on warrants: There are
Wrong Couch, Wrong Time – Eighth Circuit Continue Reading
Today’s case out of the 8th Circuit examines the automobile exception. According to this search rule, police may conduct a warrantless on-the-scene search of a motor vehicle based on probable cause to believe that it contains contraband or evidence of a crime. The scope of the search is defined by the nature of probable cause and includes any and all places and containers in
The Automobile Exception & Mobility – Eighth Circuit Continue Reading
In Emmett v. Armstrong, we travel over to the Tenth Circuit to examine a taser and UOF case. This case is from 2020, but raises some important use of force topics regarding tasers and qualified immunity. To begin, a review of Electronic Control Weapon guidelines from IACP. According to the IACP, the ECW is authorized to be used: to protect the officer or others from reasonably perceived immediate threat of physical
A Refresher on Tasers – Tenth Circuit Continue Reading
In United States v. Davis, 997 F.3d 191 (4th Cir. 2021) the 4th Circuit examines a routine traffic stop that turns into a chase. That chase eventually ends with several illegal possessions getting scooped up and a Fourth Amendment appeal about how the evidence was obtained. The 4th Circuit cites multiple SCOTUS cases in their argument, including Chimel v. California, New York v. Belton and Arizona v. Gant. In Chimel v. California, SCOTUS held that
Traffic Stop Turned Drug Bust – Fourth Circuit Continue Reading