The United States Court of Appeals for the Fifth Circuit recently decided United States v. Wilson, a case emphasizing that a search warrant affidavit must establish probable cause specifically tied to the place to be searched, and that assumptions or mere proximity alone are insufficient to justify a search. Summary of Facts In April 2023, Ricky Wilson was allegedly eating at a Waffle House […]
The United States Court of Appeals for the Seventh Circuit recently released an opinion in United States v. Scott, a case highlights reasonable expectations of privacy in the context of public restrooms and constructive possession of a firearm. New Feature: Training Shorts (BETA) Try Training Shorts, our newest training feature. This AI-powered tool automatically pulls key takeaways from our Legal Updates, giving you a
The United States Court of Appeals for the First Circuit recently released a ruling in Conlon v. Scaltreto. This case stems from a police response to a mental health crisis and examines how courts will evaluate the totality of the circumstances when key facts about the immediacy of the threat and the use of lethal force remain disputed. In January 2021, Newton Police Officer
Conlon v. Scaltreto: Evaluating Police Use of Force in Mental Health Crises Continue Reading
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
We head to the Fourth Circuit to examine the recent and consequential ruling in United States v. Johnson. This case serves as a critical exploration of Fourth Amendment boundaries, specifically regarding the distinction between protected curtilage and common property in multi-unit dwellings during warrantless K9 sniffs. The Facts of the Case In March 2019, Washington County law enforcement officers collaborated with the DEA to investigate
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
The Fourth Amendment draws its sharpest line at the front door of a home, but that line is often blurred as modern policing increasingly intersects with mental health crisis response and the need to render emergency aid. On January 14, 2026, the Supreme Court of the United States addressed this intersection in Case v. Montana, 607 U. S. ____ (2026), where the high Court considered “whether law
SCOTUS Affirms Standard for Emergency-Aid Entry into the Home in Case v. Montana Continue Reading
The United States Court of Appeals for the Sixth Circuit recently released a decision in United States v. Radaker-Carter, a case that considers suggestiveness regarding reliability and admissibility of police identification procedures. This case highlights that evidence identifying someone as a suspect usually cannot be thrown out on the grounds that a witness saw a picture from a friend before a police lineup, unless the
The United States Court of Appeals for the Eighth Circuit recently released a ruling for Kampas v. City of St. Louis, Missouri. This case stems from a 2017 acquittal where a former St. Louis Police Department officer was acquitted of the first-degree murder of Anthony Lamar Smith, an African American man. This led to protests breaking out across the city from September through October.
For years, “positional asphyxia” has been the buzzword. However, the data is shifting. This conversation pivots toward metabolic acidosis, which is a physiological crisis that occurs when the body’s chemistry turns toxic during a prolonged struggle.
Understanding the Risks and Realities of Prone Restraint Deaths Continue Reading