Fourth Amendment Archives - Page 3 of 8

No Suspicion, No Strip Search: Eleventh Circuit Bars Suspicionless Searches of Prison Visitors and Rejects Qualified Immunity

The Eleventh Circuit held that prison officials generally may not conduct strip searches of civilian visitors without reasonable suspicion that the visitor is concealing contraband. The court also held that qualified immunity did not protect the officers because the constitutional violation was sufficiently clear that a reasonable officer would have understood the conduct was unlawful. Summary of the Facts In February 2017, Clarissa Gilmore

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Podcast: SCOTUS Affirms Standard for Emergency-Aid Entry into the Home in Case v. Montana

This episode of the Guardian Mindset Podcast with Attorney Eric Daigle breaks down the Supreme Court’s Case v. Montana decision and what it means for welfare checks, mental health calls, and warrantless entry into a home. Learn when officers can act without a warrant and how to apply the emergency aid exception the right way. Weekly Legal Updates with Path of the Guardian: Request

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Kampas v. City of St. Louis, Missouri: Eighth Circuit Upholds Qualified Immunity in Protest Arrests

The United States Court of Appeals for the Eighth Circuit recently released a ruling for Kampas v. City of St. Louis, Missouri. This case stems from a 2017 acquittal where a former St. Louis Police Department officer was acquitted of the first-degree murder of Anthony Lamar Smith, an African American man. This led to protests breaking out across the city from September through October.

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Weapons, Warrants, and the Fourth: Wilson Clarifies Terry Stop Limits

The United States Court of Appeals for the Fifth Circuit recently decided United States v. Wilson, a case highlighting that law enforcement cannot stop citizens solely for carrying a firearm unless justified by reasonable suspicion based on the totality of the circumstances, such as connections to criminal activity. Summary of Facts This incident stems from an investigation regarding the whereabouts of Malik Fernandez, a

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Mufflers, Motives, and Mixed Messages: Impoundment and Inventory Searches Under the Fourth Amendment

The United States Court of Appeals for the Tenth Circuit recently released an opinion in United States v. Ulibarri, a case that highlights Fourth Amendment issues regarding the validity of traffic stops based on reasonable suspicion, vehicle impoundments when there are mixed motives, and inventory searches. Summary of Facts In May 2021, Officer Lucas Perez and Officer Elsman of the Albuquerque Police Department heard a

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Open Container, Open Trailer: Fifth Circuit Confirms Reasonable Suspicion and Voluntary Consent

The United States Court of Appeals for the Fifth Circuit recently issued a ruling in United States v. Larremore, a case that highlights the importance of Fourth Amendment rights in the context of consent and reasonable suspicion. Fact Summary In July 2023, Deputy Christopher Colona was stationed near a border patrol checkpoint close to Marathon, Texas, during a shift change. Deputy Colona knew that shift

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Drawing the Line at the Fence: Eighth Circuit Analyzes Plain View, Exigency, and Curtilage in United States v. McGhee

In United States v. McGhee, No. 23-3674 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit considered the boundaries of the Fourth Amendment regarding the distinction between curtilage and an open field. In this case, the Court examined whether law enforcement officers could use their plain view observations of private property as justification to enter and obtain a search warrant. Factual

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Seventh Circuit Scrutinizes Sweeps in United States v. Walker

In a recent decision from the United States Court of Appeals for the Seventh Circuit, the Court examined United States v. Walker, a case that highlights the issue of the reasonable expectation of privacy owed to an overnight guest during a warrantless protective sweep. In October 2022, officers arrived at Ramona Paulette’s home to execute an arrest warrant for her boyfriend, Richard Walker, for removing

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From Split-Second to Ceasefire: The Sixth Circuit Splits in Eastep v. City of Nashville

The United States Court of Appeals for the Sixth Circuit recently released a ruling in Eastep v. City of Nashville, Tennessee, a case that reached the Court after a thirty-five-minute standoff on a Nashville highway ended with shots fired.[1] Background In January 2022, Landon Eastep walked along Interstate 65 in Nashville and eventually encountered Tennessee State Trooper Edge. After confirming Mr. Eastep’s identity using his

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Drop-the-Gun Demands to Deadly Force: Eighth Circuit Delivers Decision in Klum v. City of Davenport

The United States Court of Appeals for the Eighth Circuit recently issued a decision in Klum v. City of Davenport, a case that challenges whether qualified immunity shields an officer who used deadly force against a man while he walked through a residential neighborhood with a handgun pressed to his own head. Factual Background This case arises out of incident from October 2021, after

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