Fourth Amendment Archives - Page 2 of 8

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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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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United States v. Thomas: When a Consensual Encounter Becomes Probable Cause

The Eleventh Circuit’s decision in United States v. Thomas highlights the critical distinction between a consensual police encounter and a Fourth Amendment seizure. The case arose from an officer’s response to a minor complaint in a fast-food parking lot that ultimately led to the discovery of significant criminal evidence. In affirming the denial of a motion to suppress, the court emphasized that officers may approach individuals, ask questions,

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United States v. Watkins a/k/a Crazy Gun: Fourth Amendment Limitations for Public Walkways and Plain View

The Tenth Circuit’s decision in United States v. Watkins examines the limits of Fourth Amendment protections in the context of motel rooms and publicly accessible walkways. The case focuses on whether an officer’s observation through a small gap in motel room curtains constituted an unlawful search. Ultimately, the court concluded that observations made with an officer’s natural senses from a publicly accessible walkway do

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United States v. Coleman: Fourth Amendment Guidance on Scope of Consent and Shared Authority

The Seventh Circuit recently released a decision in United States v. Coleman. This case serves as a crucial exploration of Fourth Amendment boundaries, specifically the scope of consent and who can give it. Summary of the Facts On April 20, 2023, around 4:00 a.m., Marshfield Police Officer Jamie Kizer responded to a 911 domestic-violence call. A child in the home reported that Jaison Coleman

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Hawatmeh v. City of Henderson: Ninth Circuit Clarifies Standards for Use of Force in Hostage Scenarios

The United States Court of Appeals for the Ninth Circuit recently released a ruling in Hawatmeh v. City of Henderson. This case stems from a volatile hostage situation that occurred in December 2020 after Jason Bourne confronted his neighbors, Dianne Hawatmeh and her daughter Yasmeen, about making a noise complaint against him. Bourne initially walked away without issue but came running after the Hawatmehs

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Fuqua v. Santa Fe County Sheriff’s Office: Reassessing Threat Perception and Use of Deadly Force

The United States Court of Appeals for the Tenth Circuit recently released a ruling for Fuqua v. Santa Fe County Sheriff’s Office. This case stems from an incident in July 2021 when Deputy Leonardo Guzman pulled behind Jason Roybal’s vehicle. Knowing that Roybal had outstanding warrants, Deputy Guzman activated his emergency lights to initiate a traffic stop. Instead of pulling over, Roybal attempted to flee.

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Four Minutes, Two Taser Deployments, and a Fatal Shot: Burke v. Pitts Reaffirms That Qualified Immunity Has Limits

The United States Court of Appeals for the Tenth Circuit recently released a ruling for Burke v. Pitts, a case that arose after a response to a domestic disturbance call ended with multiple Taser discharges and a fatal shooting within four minutes of officer arrival.1 The United States Court of Appeals for the Tenth Circuit affirmed the district court’s denial of qualified immunity for the officers, holding that, under clearly established law, the officers’ use of force was

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No Privacy in an “Out of Order” Restroom: Seventh Circuit Affirms Warrantless Entry and Constructive Possession in United States v. Scott

The United States Court of Appeals for the Seventh Circuit recently released an opinion in United States v. Scott, a case highlights reasonable expectations of privacy in the context of public restrooms and constructive possession of a firearm. Summary of Facts In December 2020, police officers arrived at a gas station mini-mart to investigate a robbery that had occurred outside earlier that day. They

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