Resources

Voices and Vetoes: Navigating First Amendment Rights in Meinecke v. City of Seattle

Today, we analyze a recent Ninth Circuit Court of Appeals decision that examines law enforcement’s authority to manage public spaces while addressing the dynamics of public expression and safeguarding citizens’ constitutional freedoms. This case centers on “time, place, and manner” restrictions and the application of obstruction ordinances in response to public hostility toward protected speech. The case, Meinecke v. City of Seattle, arose after two […]

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Dividing Lines: The Fourth Circuit’s Take on Geofence Warrants in United States v. Chatrie Amid Growing Circuit Split

In July 2024, the United States Court of Appeals for the Fourth Circuit issued an opinion in United States v. Chatrie, a case that could potentially make its way up to the Supreme Court of the United States, providing the High Court an opportunity to settle an existing circuit split over the constitutionality of geofence warrants as an investigative technique used by law enforcement.¹

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Testifying on Trial: Guiding Law Enforcement Through Expert Testimony in Diaz v. United States

The Supreme Court recently issued a decision in an important case that could affect how law enforcement officers act as expert witnesses. Diaz v. United States deals with a niche yet significant topic: the role of police officers as expert witnesses and the admissibility of law enforcement testimony regarding the defendant’s specific mental state. This case began after Delilah Diaz was stopped at a

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Bound by Protocol: The Ninth Circuit’s Ruling on Qualified Immunity in Perez v. City of Fresno

The United States Court of Appeals for the Ninth Circuit recently rendered a difficult decision in the case of Perez v. City of Fresno. This case stems from an action brought by the surviving family members of Joseph Perez, who asphyxiated and died after police officers, at the direction of a paramedic, used their body weight to restrain Perez while he was prone in

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Midnight Missteps: The Limits of Reasonable Suspicion in Milla v. Brown

In the recent case Milla v. Brown, the United States Court of Appeals for the Fourth Circuit examined Fourth Amendment claims lodged against two officers for detaining and searching the plaintiff and his vehicle without adequate reasonable suspicion to justify the detention. After receiving an anonymous tip about a nearby stabbing, police in Fairfax, Virginia, responded to a gas station, which was reported to

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Safes, Searches, and Stolen Sedans: Navigating the Automobile Exception in United States v. Ostrum

The United States Court of Appeals for the Ninth Circuit heard a case arising from a law enforcement investigation into the defendant’s involvement in a drug-dealing scheme and his unauthorized possession of firearms. Ostrum first captured the attention of law enforcement during a previous investigation into another suspect. As a result of that initial investigation, officers intercepted text messages indicating repeated methamphetamine and marijuana

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Detailing the Details: Addressing Warrant Particularity in United States v. Kirtdoll

In an interesting case, the Sixth Circuit recently tested the limits of the particularity requirement for search warrants under the Fourth Amendment, focusing on how courts assess errors within warrants to determine the impact that such errors may have on the validity of the warrant. United States v. Kirtdoll is a case out of the United States Court of Appeals for the Sixth Circuit,

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Election Laws Resources for Law Enforcement

Introduction As law enforcement officers, understanding election laws is crucial to ensure the integrity and security of the voting process. This resource page provides essential information on election laws, political violence, unlawful paramilitaries, and polling place regulations. Free Podcast: Election Law & Law Enforcement In this episode, Attorney Eric Daigle tackles the hot topic of election law as we approach the November 2024 elections.​

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Machetes and Mindsets: The Tenth Circuit’s Take on Mental Health Crises and Use of Force in Flores v. Henderson

The United States Court of Appeals for the Tenth Circuit recently delivered a decision in Flores v. Henderson, a case stemming from a tragic encounter involving Shamikle Jackson and four Aurora police officers. The lawsuit was filed by Jackson’s parents after a fatal confrontation between their son and the officers, which began with a distressing 911 call and ended in Jackson’s death. This case

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Clarifying Consensual Encounters and the Attenuation Doctrine: Analyzing Evidence Admissibility in United States v. Cade

The Seventh Circuit Court of Appeals recently considered United States v. Cade, a case that considers the Attenuation Doctrine in the context of a vehicle search and incriminatory statements. This case arose after the defendant, Brandon Cade, and a friend, T.J., caught the attention of two Chicago police officers while on patrol in a marked squad car. This interaction led officers to search the

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