Fourth Amendment

Qualified Immunity Upheld: Crowd Control and First Amendment Rights Under Review

The United States Court of Appeals for the Eighth Circuit recently issued a decision in the case Stearns v. Wagner, 122 F.4th 699 (8th Cir. 2024), which arose in the wake of George Floyd’s death after large-scale protests erupted nationwide. This §1983 lawsuit challenges a Missouri State Highway Patrol Sergeant’s crowd-control tactics after a protester was injured by a deployed projectile. Factual Background On May […]

Qualified Immunity Upheld: Crowd Control and First Amendment Rights Under Review Continue Reading

Fences, Free Speech, and a Trump Rally Tussle: Ninth Circuit Upholds Phoenix’s Crowd-Control Tactics in Puente

The Ninth Circuit Court of Appeals issued a recent decision in Puente v. City of Phoenix1, a case that examines law enforcement’s application of force when attempting to maintain order in response to large crowd-control situations. Arising from a protest outside a rally for then-President Trump in Phoenix, Arizona in 2017, the Phoenix Convention Center drew a crowd of demonstrators that required a safety-response plan

Fences, Free Speech, and a Trump Rally Tussle: Ninth Circuit Upholds Phoenix’s Crowd-Control Tactics in Puente Continue Reading

Carjackings, Criminal Conflicts, and the Car Search Conundrum: Fourth Circuit Clarifies Gant in U.S. v. Turner

The United States Court of Appeals for the Fourth Circuit recently issued a decision which considered the scope of law enforcement’s authority to conduct a warrantless vehicle search incident to a lawful arrest based on a valid arrest warrant. The case, United States v. Turner, stems from several incidents that took place in North Carolina, over roughly two days in June of 2020. After

Carjackings, Criminal Conflicts, and the Car Search Conundrum: Fourth Circuit Clarifies Gant in U.S. v. Turner Continue Reading

From Minor Infraction to Major Overreach: Meshal v. Commissioner Challenges Traffic Stop Extensions and Unlawful Searches

The United States Court of Appeals for the Eleventh Circuit recently rendered a decision in Meshal v. Commissioner, Georgia Dept. of Public Safety, where the Court considered under what circumstances an officer may be denied qualified immunity for extending a traffic stop. Specifically, is a call to the FBI concerning a driver’s status on the No-Fly List equivalent to a warrants check? The case

From Minor Infraction to Major Overreach: Meshal v. Commissioner Challenges Traffic Stop Extensions and Unlawful Searches Continue Reading

From Toy Blade to Tragic End: Napouk v. Las Vegas Metro Police Evaluates Deadly Force and Qualified Immunity

The United States Court of Appeals for the Ninth Circuit recently issued a decision in Napouk v. Las Vegas Metropolitan Police Department, a case involving the use of deadly force. The ruling highlights the challenges law enforcement officers face when making split-second decisions in tense, uncertain, and rapidly evolving situations. Stemming from the fatal shooting of Lloyd Napouk by two officers from the Las

From Toy Blade to Tragic End: Napouk v. Las Vegas Metro Police Evaluates Deadly Force and Qualified Immunity Continue Reading

Vacant but Not Private: United States v. Lowe Defines Privacy Boundaries in Apartment Storage Unit Searches

A recent case considered by the Tenth Circuit examines the circumstances that determine whether a suspect lacks a reasonable expectation of privacy in a vacant storage unit located in the apartment building where they reside. United States v. Lowe challenges us to explore the boundaries and scope of individual privacy rights within shared residential spaces, particularly in the context of warrantless searches. After serving

Vacant but Not Private: United States v. Lowe Defines Privacy Boundaries in Apartment Storage Unit Searches Continue Reading

Seventh Circuit Clarifies Search-Incident and Automobile Exceptions in United States v. Davis

The United States Court of Appeals for the Seventh Circuit recently rendered a decision in United States v. Davis, considering whether law enforcement officers had a sufficient constitutional basis to search a defendant’s vehicle after he was pulled over in response to reports of domestic violence.1 In the early morning hours of February 22, 2022, a domestic disturbance unfolded at a family home in

Seventh Circuit Clarifies Search-Incident and Automobile Exceptions in United States v. Davis Continue Reading

A Stop Too Far: The Sixth Circuit Rejects Prolonged Detention and K-9 Search in United States v. Taylor

In United States v. Taylor, the United States Court of Appeals for the Sixth Circuit considered crucial questions about the limits of police authority during traffic stops, particularly the use of prolonged detention and K-9 units in situations where reasonable suspicion is in question.1 This case centers on a traffic stop conducted by law enforcement that led to the discovery of a firearm—but not without

A Stop Too Far: The Sixth Circuit Rejects Prolonged Detention and K-9 Search in United States v. Taylor Continue Reading

Medical Emergencies as Legal Crossroads: United States v. Hudson and the Fourth Amendment in Hospital Settings

The Seventh Circuit’s recent decision in United States v. Hudson navigates complex Fourth Amendment issues within the context of medical emergencies and law enforcement intervention. This case focuses on the complexities involved when the duties of medical personnel and police officers intersect. The case began on an early morning in January 2022, when Javares Hudson arrived at Carle BroMenn Medical Center seeking emergency treatment

Medical Emergencies as Legal Crossroads: United States v. Hudson and the Fourth Amendment in Hospital Settings Continue Reading

Dividing Lines: The Fourth Circuit’s Take on Geofence Warrants in United States v. Chatrie Amid Growing Circuit Split

In July 2024, the United States Court of Appeals for the Fourth Circuit issued an opinion in United States v. Chatrie, a case that could potentially make its way up to the Supreme Court of the United States, providing the High Court an opportunity to settle an existing circuit split over the constitutionality of geofence warrants as an investigative technique used by law enforcement.¹

Dividing Lines: The Fourth Circuit’s Take on Geofence Warrants in United States v. Chatrie Amid Growing Circuit Split Continue Reading