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Drawing the Line at the Fence: Eighth Circuit Analyzes Plain View, Exigency, and Curtilage in United States v. McGhee

In United States v. McGhee, No. 23-3674 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit considered the boundaries of the Fourth Amendment regarding the distinction between curtilage and an open field. In this case, the Court examined whether law enforcement officers could use their plain view observations of private property as justification to enter and obtain a search warrant. Factual […]

Drawing the Line at the Fence: Eighth Circuit Analyzes Plain View, Exigency, and Curtilage in United States v. McGhee Continue Reading

Seventh Circuit Scrutinizes Sweeps in United States v. Walker

In a recent decision from the United States Court of Appeals for the Seventh Circuit, the Court examined United States v. Walker, a case that highlights the issue of the reasonable expectation of privacy owed to an overnight guest during a warrantless protective sweep. In October 2022, officers arrived at Ramona Paulette’s home to execute an arrest warrant for her boyfriend, Richard Walker, for removing

Seventh Circuit Scrutinizes Sweeps in United States v. Walker Continue Reading

From Split-Second to Ceasefire: The Sixth Circuit Splits in Eastep v. City of Nashville

The United States Court of Appeals for the Sixth Circuit recently released a ruling in Eastep v. City of Nashville, Tennessee, a case that reached the Court after a thirty-five-minute standoff on a Nashville highway ended with shots fired.[1] Background In January 2022, Landon Eastep walked along Interstate 65 in Nashville and eventually encountered Tennessee State Trooper Edge. After confirming Mr. Eastep’s identity using his

From Split-Second to Ceasefire: The Sixth Circuit Splits in Eastep v. City of Nashville Continue Reading

Drop-the-Gun Demands to Deadly Force: Eighth Circuit Delivers Decision in Klum v. City of Davenport 

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

Drop-the-Gun Demands to Deadly Force: Eighth Circuit Delivers Decision in Klum v. City of Davenport  Continue Reading

Curbside Cannabis & Curtilage Concerns: Third Circuit Draws the Driveway Line in United States v. Moses

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

Curbside Cannabis & Curtilage Concerns: Third Circuit Draws the Driveway Line in United States v. Moses Continue Reading

Facebook Firearms to Fourth Amendment Force – Eighth Circuit’s Ruling in Davenport v. City of Little Rock

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

Facebook Firearms to Fourth Amendment Force – Eighth Circuit’s Ruling in Davenport v. City of Little Rock Continue Reading

Pockets & Pat-Downs: Third Circuit Validates Plain-Feel in Williams

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

Particularity Protects: Seizure-Only Authorization Can’t Justify Forensic Search in United States v. Ray

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

Particularity Protects: Seizure-Only Authorization Can’t Justify Forensic Search in United States v. Ray Continue Reading

Not Mine, Not Protected: Eleventh Circuit Holds Property Disclaimer Removes Fourth-Amendment Protections in United States v. Morgan

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

Not Mine, Not Protected: Eleventh Circuit Holds Property Disclaimer Removes Fourth-Amendment Protections in United States v. Morgan Continue Reading

Plain-View Pixels: Eighth Circuit’s Blueprint on Consent, Plain View, and Miranda at the Roadside in United States v. Puckett 

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,

Plain-View Pixels: Eighth Circuit’s Blueprint on Consent, Plain View, and Miranda at the Roadside in United States v. Puckett  Continue Reading

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