Fourth Amendment

Knives Down, No Immediate Threat: Tenth Circuit Revives Excessive Force Claims in Baca v. Cosper

The Tenth Circuit Court of Appeals recently analyzed the case Baca v. Cosper, where the Court considered whether a police officer’s use of deadly force against a mentally diminished elderly woman was objectively reasonable under the Fourth Amendment. The decision addresses a crucial issue in law enforcement: determining when a knife-wielding individual actually poses an immediate threat justifying lethal force, and what the law requires

Knives Down, No Immediate Threat: Tenth Circuit Revives Excessive Force Claims in Baca v. Cosper Continue Reading

Through the Tinted Looking Glass: Second Circuit OKs iPhone-Aided Car Peek in U.S. v. Poller

The U.S. Court of Appeals for the Second Circuit issued a recent decision in United States v. Poller, 129 F.4th 169 (2d Cir. 2025). As part of an ongoing investigation into suspected drug and weapons offenses, officers executing search and arrest warrants approached the suspect’s vehicle—parked on a public street outside his residence—and used an iPhone camera to examine its interior. On February 20, 2025,

Through the Tinted Looking Glass: Second Circuit OKs iPhone-Aided Car Peek in U.S. v. Poller Continue Reading

No Free Pass Behind Tinted Glass: Eighth Circuit Upholds K-9 Sniff and Miranda Waiver in U.S. v. Rose

The United States Court of Appeals for the Eighth Circuit recently issued a decision in the case of United States v. Rose, where the Court considered whether officers’ observations of tinted windows can establish probable cause for a traffic stop and whether employing a drug-detection dog, along with subsequent arrests and searches, can withstand constitutional scrutiny.[1] This case originated with a routine traffic stop in

No Free Pass Behind Tinted Glass: Eighth Circuit Upholds K-9 Sniff and Miranda Waiver in U.S. v. Rose Continue Reading

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

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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

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