Fourth Amendment Archives - Page 2 of 9

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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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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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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