The United States Court of Appeals for the Eighth Circuit recently issued a decision in Klum v. City of Davenport, a case that challenges whether qualified immunity shields an officer who used deadly force against a man while he walked through a residential neighborhood with a handgun pressed to his own head. Factual Background This case arises out of incident from October 2021, after […]
The United States Court of Appeals for the Third Circuit recently released a ruling in United States v. Moses, a case that considers whether a driveway is part of a home’s curtilage and therefore protected against warrantless searches. In April 2020, Ronell Moses was driving toward his home in Pittsburgh when Officer Hess observed the vehicle, smelling burnt marijuana. He also noted that the car
The United States Court of Appeals for the Eighth Circuit recently released a decision in Davenport v. City of Little Rock, 142 F.4th 1036 (8th Cir. 2025) a case that considers the important balance between effective policing tactics inherent to high-risk raids and the protection of citizens Fourth Amendment rights against unreasonable searches, forced entries, and excessive force. Factual Background On September 1, 2016, law enforcement officers
The United States Court of Appeals for the Third Circuit recently analyzed United States v. Williams, where the Court considered the scope of traffic stops and the parameters implied when conducting a protective frisk under Terry v. Ohio. Factual Background A patrol officer observed a vehicle operated by Edwin Williams traveling on a public road with overly tinted windows. The officer, familiar from prior encounters, recognized
Pockets & Pat-Downs: Third Circuit Validates Plain-Feel in Williams Continue Reading
The United States Court of Appeals for the Fourth Circuit recently rendered a ruling in United States v. Ray, a case that stemmed from an investigation looking into Joshua Ray, a member of the United States Navy. The Court considered the boundaries of military searches and the limits of the good faith exception when law enforcement exceeds the scope of a valid command authorization
The United States Court of Appeals for the Eleventh Circuit recently released a decision in United States v. Morgan, a case that considers whether the Fourth or Fifth Amendment required excluding the contents of the defendant’s cellphone, which he denied owning after it was seized incident to his arrest for drug-trafficking crimes. Factual Background The defendant, Steven Morgan, along with his brother, operated a
The United States Court of Appeals for the Eighth Circuit recently rendered an opinion in United States v. Puckett, a case that analyzes Fourth Amendment protections in the context of prolonged traffic stops and the search of car, which included seeing applications on an unlocked phone screen. The Court’s opinion highlights how courts assess consent searches, application of the plain view doctrine, and considered,
In a recent case decided by the United States Court of Appeals for the Ninth Circuit recently rendered a decision in United States v. Barry, a case that examines the application of Fourth Amendment protections against unreasonable searches and seizures in the context of probation conditions allowing warrantless searches when residence is established.1 The decision highlights how courts assess whether probable cause had been sufficiently
Barry’s Boundaries: When Probable Cause Meets Probation Search Conditions Continue Reading
The United States Court of Appeals for the Ninth Circuit issued a decision in United States v. Holcomb, 23-469 (9th Cir. 2025), where the Court considered “whether an individual can be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution. Ultimately, the Circuit wrote, “In the circumstances of this case, respect for the Constitution and the rule
Bytes and Bounds: Holcomb’s Warning Against Unfettered Electronic Searches Continue Reading
The United States Court of Appeals for the Eighth Circuit recently rendered a decision in Davis v. City of Little Rock, No. 23-1636 (8th Cir. 2024), a case that considered the boundaries of permissible no-knock warrants, qualified immunity for officers, and the standards required for challenging warrant affidavits. Stemming from the execution of a no-knock search warrant at the residence of Derrick Davis, Davis filed