In the landscape of modern law enforcement, a recent ruling from the Sixth Circuit Court has cast a spotlight on the complex interplay between the Fourth and Fourteenth Amendments and the doctrine of Qualified Immunity. The case in question, Habich v. Wayne County, was borne out of a contentious circumstance surrounding the impounding of a vehicle from a private driveway without a warrant. At […]
The Tenth Circuit Court of Appeals recently considered the scope of the Fourth Amendment protections in the context of a warrantless search not incident to arrest, and the applicability of the inevitable discovery exception to the Exclusionary Rule. In United States v. Braxton, the defendant was arrested on drug-related charges. Following the arrest, officers conducted a warrantless search of his backpack and discovered a
In United States v. Roper, the court dealt with the issue of reasonable suspicion in the context of a police officer stop and search. This case provides valuable insights for law enforcement officers, shedding light on the factors contributing to reasonable suspicion during a police stop. Roper was convicted and sentenced to a 105-month term of imprisonment, followed by a three-year term of supervised
The Court of Appeals for the Second Circuit issued a decision in Friend v. Gasparino, a case that grapples with alleged violations of an individual’s First, Fourth, and Fourteenth Amendment rights following the arrest of citizen Michael Friend, for displaying a sign on a public sidewalk that warned drivers of a police operation ahead. Friend pursued five claims against Officer Gasparino and the City
On June 27, 2023, the United States Supreme Court’s verdict on Counterman v. Colorado will likely send ripples through the legal landscape, offering critical guidance on First Amendment interpretation, ‘true threats,’ and protected speech. This article seeks to break down the Court’s decision and rationale, helping law enforcement officers grasp the ruling’s implications. Billy Counterman was found guilty of stalking after engaging in two years of
Supreme Court Ruling on Navigating the Line Between True Threats and Free Speech Continue Reading
In the case of United States v. Banks, the Seventh Circuit Court of Appeals reviewed the issue of whether a law enforcement officer’s warrantless entry onto a convicted felon’s porch violated their Fourth Amendment rights.1 An officer was using his Snapchat social media when he came across a post by the defendant, a convicted felon by the name of Banks. In the photograph, the
From Snapchat to Searches: Social Media Post Leads to Fourth Amendment Violation Continue Reading
Background In Hemry v. Ross, the Tenth Circuit Court of Appeals recently addressed the issues of false arrest and excessive force during an investigative stop when Yellowstone National Park Rangers mistook the identity of a family, believing that they were a wanted fugitive tied to the murders of three women.1 While the district court denied qualified immunity to the rangers, the Tenth Circuit Court
High-Stakes Traffic Stop: When Guns, Fugitives, and Family Collide Continue Reading
In a recent case from the Seventh Circuit Court of Appeals, Pierner-Lytge v. Hobbs, the court addressed the implications for law enforcement officers when confronted with a situation that involves the open carry of firearms in public spaces, public safety, and the Second Amendment right to bear arms. Pierner-Lytge was arrested by officers for disorderly conduct in a public park. Upon her arrest, the
In Coronado v. Olsen, Fernando Coronado and his wife filed a §1983 claim against two SWAT officials that responded to a 911 dispatch call for domestic violence and alleged suicide threats.1 Coronado complained that Officers Hill and Olsen used excessive force when using their tasers to subdue him. West Valley City’s SWAT team arrived at Coronado’s home and began immediate attempts to negotiate with
When Tactical Operations & Mental Health Crises Collide Continue Reading
The recent case of Villarreal v. City of Laredo has brought attention to the First Amendment rights of citizens and the validity of qualified immunity to law enforcement officers.1 The U.S. Court of Appeals for the Fifth Circuit heard arguments regarding the case of a controversial citizen journalist from Laredo Texas, Priscilla Villarreal, who was arrested in 2017. Priscilla Villarreal is facing a felony
The Eleventh Circuit considered a heated encounter between DeKalb County Police Officer Jordan Vance and Kenneth…
The Fifth Circuit Court of Appeals recent decision in Perkins v. Hart casts a spotlight on…