Resources Archives - Page 10 of 41

Sweeps, Safety, and Sentencing: The Validity of Surveillance and Suppression in United States v. Everett

In United States v. Everett, the Fourth Circuit considered the actions of a defendant, following his involvement in drug distribution and charges for firearm offenses. The defendant, Everett, moved to suppress evidence obtained during his arrest. The defendant argued that officers violated his Fourth Amendment rights to be free from unreasonable searches and seizures when officers conducted a warrantless protective sweep of his home. […]

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Couriers, Consciousness, and the Court: Deciphering Delilah Diaz’s Dilemma in United States v. Diaz at the Supreme Court

In recent developments at the Supreme Court, the High Court granted certiorari in United States v. Diaz, a case that promises to reshape our understanding and application of expert testimony in drug trafficking cases. This case sheds light on the admissibility of expert law enforcement testimony, particularly its role in supporting the prosecution’s theory that the defendant was consciously aware she was transporting drugs.

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Confrontation, Commands, and Consequences: The Eleventh Circuit Considers Force in Howard v. DeKalb County

The Eleventh Circuit considered a heated encounter between DeKalb County Police Officer Jordan Vance and Kenneth Howard, who, amidst a tense standoff involving a knife, was shot three times by Officer Vance. Howard survived the shooting and brought 42 U.S.C. § 1983 claims for excessive force against Officer Vance and DeKalb County. The case of Howard v. DeKalb County arose after DeKalb County Police

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Care or Consequence: Unraveling the Ninth Circuit’s Stance on State Created Danger in Martinez v. High

Martinez v. High, a case out of the Ninth Circuit Court of Appeals, recently explored the intersection of duty of care and the State-Created Danger Doctrine, challenging law enforcement to carefully balance their protective role with the potential dangers their actions or inactions may induce. The Plaintiff, Desiree Martinez, filed a lawsuit under 42 U.S.C. § 1983 against Clovis police officer, Channon High. Martinez

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First Amendment Frontlines: Laredo Litigation Looms and the Lingering Legalities for Law Enforcement

In recent developments regarding a First Amendment case that continues to be revisited, the Fifth Circuit Court of Appeals rendered its decision in the case of Villarreal v. City of Laredo. The crux of this case revolves around the critical balance between First Amendment rights in the evolving legal landscape surrounding citizen journalism, and how this intersects with law enforcement officers’ entitlement to qualified

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The Ninth Circuit Navigates the Thin Line Between Excessive Force and Family Rights in Waid v. County of Lyon

The Ninth Circuit Court of Appeals has recently rendered a decision in the case of Waid v. County of Lyon, a case that centers on claims of excessive force used by two law enforcement officers. This case emerged from an incident involving the officers’ response to a 911 call reporting domestic violence, which tragically resulted in the shooting of Robert Anderson. This case arose

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Use of Artificial Intelligence by Patrol Officers

Policies are the foundation of your organization and layout the guidelines for the success of your staff members. If you do not tell the staff what is expected of them, how can you guide them to success? As technology continues to evolve and make its way into law enforcement operations, we must have policies in place governing these new technological advancements. Specifically, we need

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The ‘Artificial’ Officer’s Dilemma: Balancing Intelligence with Integrity in Law Enforcement

A substantial part of our society today is technology’s constant evolution and progression. While technology has significantly advanced law enforcement practices and approaches, it is essential to recognize that this progress also necessitates careful limitations and guidelines. These guiding principles are fundamental to uphold the integrity of law enforcement operations. This legal update underscores the pressing need for law enforcement agencies to consider implementing

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Seizure Scrutiny in the Streets: The Third Circuit’s Take on ‘United States v. Amos’ and the Ambiguity of Authority

The United States Court of Appeals for the Third Circuit recently heard United States v. Amos, a case delves into the Fourth Amendment, specifically focusing on the threshold of reasonable suspicion required for a lawful seizure.1 On a September night in 2018, Officers Hugo Lemos and Nicholas Mastroianni, patrolling in southwest Philadelphia, received a distress call near Eddie’s Café. Upon arrival, they found the

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Upholding Miranda Rights: Insights from United States v. Cowette

In a recent ruling from the First Circuit Court of Appeals, the case of United States v. Cowette has underscored the critical importance of upholding Miranda rights and the constitutional right to counsel during police interrogations. Cowette’s case originated from an investigation into a drug-trafficking ring led by Nicholas Culver in Maine. Cowette, a minor player in the operation, was identified as allowing Culver

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