Resources Archives - Page 2 of 41

United States v. Thomas: When a Consensual Encounter Becomes Probable Cause

The Eleventh Circuit’s decision in United States v. Thomas highlights the critical distinction between a consensual police encounter and a Fourth Amendment seizure. The case arose from an officer’s response to a minor complaint in a fast-food parking lot that ultimately led to the discovery of significant criminal evidence. In affirming the denial of a motion to suppress, the court emphasized that officers may approach individuals, ask questions, […]

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United States v. Watkins a/k/a Crazy Gun: Fourth Amendment Limitations for Public Walkways and Plain View

The Tenth Circuit’s decision in United States v. Watkins examines the limits of Fourth Amendment protections in the context of motel rooms and publicly accessible walkways. The case focuses on whether an officer’s observation through a small gap in motel room curtains constituted an unlawful search. Ultimately, the court concluded that observations made with an officer’s natural senses from a publicly accessible walkway do

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United States v. Coleman: Fourth Amendment Guidance on Scope of Consent and Shared Authority

The Seventh Circuit recently released a decision in United States v. Coleman. This case serves as a crucial exploration of Fourth Amendment boundaries, specifically the scope of consent and who can give it. Summary of the Facts On April 20, 2023, around 4:00 a.m., Marshfield Police Officer Jamie Kizer responded to a 911 domestic-violence call. A child in the home reported that Jaison Coleman

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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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Pena v. City of Los Angeles: Ninth Circuit Clarifies Takings Clause Limits in Police Operations

The United States Court of Appeals for the Ninth Circuit recently released an opinion in Pena v. City of Los Angeles. This case reached the court after an exercise of police power led to private property damage, raising the question of whether it could trigger compensation under the Takings Clause. Carlos Pena owned and operated a print shop in Los Angeles that he used for

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Geofence Warrants and the Fourth Amendment: What Chatrie v. United States Could Mean for Law Enforcement

Technology is moving faster than the law, and geofence warrants are one of the clearest examples of that tension. In Chatrie v. United States, law enforcement used a geofence warrant to obtain Google location data connected to devices near the scene of a 2019 robbery. That data helped identify Okello Chatrie as a suspect, but it also raised a major constitutional question: when police

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Fuqua v. Santa Fe County Sheriff’s Office: Reassessing Threat Perception and Use of Deadly Force

The United States Court of Appeals for the Tenth Circuit recently released a ruling for Fuqua v. Santa Fe County Sheriff’s Office. This case stems from an incident in July 2021 when Deputy Leonardo Guzman pulled behind Jason Roybal’s vehicle. Knowing that Roybal had outstanding warrants, Deputy Guzman activated his emergency lights to initiate a traffic stop. Instead of pulling over, Roybal attempted to flee.

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Balancing the Line: Los Angeles Press Club v. Noem and Constitutional Limits on Protest Crowd Control

The United States Court of Appeals for the Ninth Circuit recently released a ruling in Los Angeles Press Club v. Noem, a case that arose from protests in Southern California. The Ninth Circuit largely upheld protections for journalists, protesters, and legal observers in their decision. However, the Court ordered the trial court to narrow an existing injunction that was found to be too broad

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Beyond the Heck Bar: What Olivier v. City of Brandon Means for Enforcement of Protest and Buffer-Zone Ordinances

The Supreme Court recently decided Olivier v. City of Brandon, holding that a plaintiff with a prior conviction under a law may still bring a Section 1983 suit seeking purely prospective relief against that law, and that such a suit is not barred if the plaintiff lacked access to federal habeas relief. Summary of Facts Gabriel Olivier, an evangelical Christian street preacher and anti-abortion

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Four Minutes, Two Taser Deployments, and a Fatal Shot: Burke v. Pitts Reaffirms That Qualified Immunity Has Limits

The United States Court of Appeals for the Tenth Circuit recently released a ruling for Burke v. Pitts, a case that arose after a response to a domestic disturbance call ended with multiple Taser discharges and a fatal shooting within four minutes of officer arrival.1 The United States Court of Appeals for the Tenth Circuit affirmed the district court’s denial of qualified immunity for the officers, holding that, under clearly established law, the officers’ use of force was

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