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Today, the United States Supreme Court issued its decision in Carpenter v. United States (No. 16-402), 585 US ____ (2018), holding that when the Government obtains access to historical cell-phone records that provide a chronicle of the user’s past movements, it constitutes a search under the Fourth Amendment. As such, the Government must generally obtain a warrant supported by probable cause before acquiring such […]

On June 18, 2018 the United States Supreme Court issued its decision in Lozman v. City of Riviera Beach (No. 17-21), 585 US ____ (2018), holding that the existence of probable cause for an arrest, does not bar a First Amendment retaliation claim. In 2006, petitioner Fane Lozman (Lozman) towed his floating home into a slip in the City-owned marina, where he became a

On May 29, 2018, the United States Supreme Court issued its decision in Collins v. Virginia (No. 16-1027), 584 US ____ (2018), holding that the automobile exception does not permit an officer to conduct a warrantless entry into a home or its curtilage to conduct a vehicle search. On two occasions, two police Albemarle County police officers, working independently, attempted to stop a motorcycle

This week, the Supreme Court of United States issued its decision Byrd v. United States (No. 16-1371), 584 US ___ (2018). This is an important case for law enforcement in terms of vehicle searches. The issue before the Court was whether an unauthorized driver of a rental car has a reasonable expectation of privacy in the rental car. The Court held that there mere

In April the Supreme Court of United States decided Kisela v. Hughes, 584 US ____ (2018), and the opinion is already the center of a debate. In this case, not only did the majority find that Officer Kisela was entitled to qualified immunity for his use of deadly force, but it also went on to criticize (to the point of expressing disappointment) the Ninth

The United States Supreme Court has an ambitious agenda on law enforcement topics for 2018. While some of the cases waiting to be decided may assist law enforcement when conducting criminal investigations, others may pose challenges to their efforts if decided the wrong way. The topics to be decided include: Whether an expectation of privacy exists when the sole occupant of a rental car