Legal Update Archives - Page 3 of 19

Between Silence and Speech: Tracing the Path of Voluntary Confessions in US v. Woolridge

The Court of Appeals for the Sixth Circuit issued a decision in United States v. Woolridge, a case that addresses the issue of voluntary confessions and the application of Miranda warnings1. The decision by the Sixth Circuit emphasizes the primacy of the Fifth Amendment in safeguarding suspects’ rights during officer interactions with detainees. Joshua Woolridge, the defendant in the case, was charged under 18 […]

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Impersonation to Impoundment: Dismantling Qualified Immunity and Warrantless Driveway Seizures

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

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Tenth Circuit Unzips Inevitable Discovery Doctrine & Fourth Amendment Limits in Illegal Searches

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

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Behind the Hiding Spot: Piecing Together Proximity, Behavior, and Statements for Reasonable Suspicion

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

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Caution Ahead: Balancing First Amendment Rights and Police Enforcement in Traffic Operations

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

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Supreme Court Ruling on Navigating the Line Between True Threats and Free Speech

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

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From Snapchat to Searches: Social Media Post Leads to Fourth Amendment Violation

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

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High-Stakes Traffic Stop: When Guns, Fugitives, and Family Collide

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

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Armed with Knowledge: Unraveling the Complexities of Policing Open Carry in a Constitutional Crossfire

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

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When Tactical Operations & Mental Health Crises Collide

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

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