Fourth Amendment

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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Particularity Protects: Seizure-Only Authorization Can’t Justify Forensic Search in United States v. Ray

The United States Court of Appeals for the Fourth Circuit recently rendered a ruling in United States v. Ray, a case that stemmed from an investigation looking into Joshua Ray, a member of the United States Navy. The Court considered the boundaries of military searches and the limits of the good faith exception when law enforcement exceeds the scope of a valid command authorization

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Not Mine, Not Protected: Eleventh Circuit Holds Property Disclaimer Removes Fourth-Amendment Protections in United States v. Morgan

The United States Court of Appeals for the Eleventh Circuit recently released a decision in United States v. Morgan, a case that considers whether the Fourth or Fifth Amendment required excluding the contents of the defendant’s cellphone, which he denied owning after it was seized incident to his arrest for drug-trafficking crimes. Factual Background The defendant, Steven Morgan, along with his brother, operated a

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Plain-View Pixels: Eighth Circuit’s Blueprint on Consent, Plain View, and Miranda at the Roadside in United States v. Puckett 

The United States Court of Appeals for the Eighth Circuit recently rendered an opinion in United States v. Puckett, a case that analyzes Fourth Amendment protections in the context of prolonged traffic stops and the search of car, which included seeing applications on an unlocked phone screen. The Court’s opinion highlights how courts assess consent searches, application of the plain view doctrine, and considered,

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Barry’s Boundaries: When Probable Cause Meets Probation Search Conditions

In a recent case decided by the United States Court of Appeals for the Ninth Circuit recently rendered a decision in United States v. Barry, a case that examines the application of Fourth Amendment protections against unreasonable searches and seizures in the context of probation conditions allowing warrantless searches when residence is established.1 The decision highlights how courts assess whether probable cause had been sufficiently

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Bytes and Bounds: Holcomb’s Warning Against Unfettered Electronic Searches

The United States Court of Appeals for the Ninth Circuit issued a decision in United States v. Holcomb, 23-469 (9th Cir. 2025), where the Court considered “whether an individual can be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution. Ultimately, the Circuit wrote, “In the circumstances of this case, respect for the Constitution and the rule

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Handcuffed on the Strip—Court Rules Visible Glock Justified Extra Restraint During Traffic Stop

The Ninth Circuit Court of Appeals recently issued a decision in United States v. In, 124 F.4th 790 (9th Cir. 2024), after the defendant, Larry In, was charged with being a felon in possession of a firearm following a traffic stop conducted by officers of the Las Vegas Metropolitan Police Department. This case offers essential guidance for law enforcement officers, considering the proper scope of

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No Duty to Dive: 41-Degree Back Cove Death Does Not Trigger State-Created-Danger Claim, Says First Circuit

The United States Court of Appeals for the First Circuit recently addressed the State Created Danger Doctrine in Cohen v. City of Portland. This case arose after Eric Cohen, experiencing a psychotic episode, attacked his girlfriend and fled into the cold waters of Portland’s Back Cove, where he eventually drowned from hypothermia. Factual Background On April 12, 2020, the Portland Maine Police Department received an

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