Legal Update

When Terms of Service Act as Consent: Seventh Circuit Considers Cloud Storage in United States v. Blocker, 174 F.4th 587 (7th Cir. 2026)

The United States Court of Appeals for the Seventh Circuit recently examined United States v. Blocker, 174 F.4th 587 (7th Cir. 2026). This case highlights that agreeing to terms of service can constitute valid consent for a company to scan files and report illegal material to authorities. Summary of the Facts This case involves Dropbox, a commonly used cloud storage service that allows users

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Refused Care, Reasonable Restraint: Eleventh Circuit Affirms Qualified Immunity in Marbut v. Phillips

In Marbut v. Phillips, 176 F.4th 1256 (11th Cir. 2026), the United States Court of Appeals for the Eleventh Circuit affirmed qualified immunity for officers who detained and restrained a woman following a suspected GHB overdose. The Eleventh Circuit found that officers had an objectively reasonable basis to seize her under the emergency-aid doctrine, applying the Supreme Court’s decision in Case v. Montana, 607

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Prolonged Standoff & Probable Cause: Seventh Circuit Grants Qualified Immunity in Jackson v. City of Madison

Jackson v. City of Madison, No. 24-2104, 2026 WL 1492153 (7th Cir. May 28, 2026) The United States Court of Appeals for the Seventh Circuit recently decided Jackson v. City of Madison, addressing a warrantless in-home arrest following reports of gunfire that led to an hours-long standoff with a suspect believed to be armed and dangerous. The Court ultimately held that the officers had

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Flight, Factors, and the Fourth Amendment: Supreme Court Finds Reasonable Suspicion in District of Columbia v. R.W., 608 U.S. ___ (2026)

District of Columbia v. R.W., 608 U.S. ___ (2026) TOPIC: Fourth Amendment / Investigatory Stop / Reasonable Suspicion. In District of Columbia v. R.W., 608 U.S. ___ (2026), the Supreme Court of the United States affirmed that when courts are tasked with assessing whether a police officer had reasonable suspicion, the court must consider the totality of the circumstances, which precludes evaluating and rejecting

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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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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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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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Ninth Circuit Rejects Fifth Amendment Compulsion Theory Where Police Properly Mirandize in United States v. Watson

In a recent case, the United States Court of Appeals for the Ninth Circuit released a decision in United States v. Watson, a case that highlights a parolee’s rights during law enforcement investigations and considers the boundaries of compelled statements under the Fifth Amendment. Summary of the Facts In May 2022, Federal Drug Administration agents and the Nampa Police Department began investigating Tyler Jay

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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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