Resources

Tip-Offs and Takedowns – The Tenth Circuit’s Scrutiny of Anonymous Tips in United States v. Daniels

The United States Court of Appeals for the Tenth Circuit recently reviewed United States v. Daniels, a case that tests the Fourth Amendment’s boundaries concerning when officers can lawfully detain individuals based on anonymous tips. After he was charged as a felon in possession of a firearm, Lyndell Daniels disputed his detention, prompting the court to take a close look at the standards for […]

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Traffic Stops and Tough Questions: Parole Inquiries Under the Fourth Amendment in United States v. Ramirez

The Ninth Circuit Court of Appeals recently rendered a decision in the case of United States v. Ramirez, exploring the limits of the Fourth Amendment’s protections against unreasonable searches and seizures. In this case, the focus narrows in on a traffic stop scenario where an officer approached the vehicle and initiated the encounter by asking the driver, “What’s up, my man? You on probation

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United States v. Ronquillo: Tenth Circuit Affirms Conviction and Defines Curtilage in Fourth Amendment Search

In the United States Court of Appeals for the Tenth Circuit, the case of United States v. Ronquillo recently considered officers’ actions during the execution of a search warrant. The Tenth Circuit was tasked with confronting the parameters of what constitutes curtilage for purposes of defining the permissible boundaries of a Fourth Amendment search. The aftermath of a SWAT raid authorized by warrant resulted in the

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Reasonableness, Rentals, and Roadside Rights: Tenth Circuit’s take on Traffic Stop Protocols in United States v. Dawson

The recent case from the Tenth Circuit, United States v. Dawson, probes the boundaries of the Fourth Amendment’s safeguard against unreasonable searches and seizures in the context of traffic stops, specifically when the driver is operating under a rental car agreement. This case arose on the morning of October 12, 2020, when Trooper Harley Kalb was performing routine patrol duties on Highway 50 in

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Silenced Speech: The Supreme Court and the Battle Over Retaliatory Arrests

In a recent case coming out of Capitol Hill, the Supreme Court issued a highly anticipated decision that grapples with retaliatory arrests, First Amendment freedoms, and the scope of the Nieves v. Bartlett “probable cause” exception. Gonzales v. Trevino reached the High Court after Sylvia Gonzalez—a 72-year-old councilwoman from Castle Hills, Texas — was arrested and charged for violating a state law that prohibits

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AI: Balancing Revolutionary Potential with Overhyped Expectations and Dubious Claims

Potential to Revolutionize Public Safety Amidst Challenges and Overhyped Claims Artificial Intelligence (AI) is often heralded as a game-changer with the potential to revolutionize numerous aspects of our lives, including community engagement, law enforcement, and public safety. Its ability to analyze vast amounts of data, recognize patterns, and provide predictive insights offers promising applications that could significantly enhance the quality of life and safety

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Sweeps, Safety, and Sentencing: The Validity of Surveillance and Suppression in United States v. Everett

In United States v. Everett, the Fourth Circuit considered the actions of a defendant, following his involvement in drug distribution and charges for firearm offenses. The defendant, Everett, moved to suppress evidence obtained during his arrest. The defendant argued that officers violated his Fourth Amendment rights to be free from unreasonable searches and seizures when officers conducted a warrantless protective sweep of his home.

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Couriers, Consciousness, and the Court: Deciphering Delilah Diaz’s Dilemma in United States v. Diaz at the Supreme Court

In recent developments at the Supreme Court, the High Court granted certiorari in United States v. Diaz, a case that promises to reshape our understanding and application of expert testimony in drug trafficking cases. This case sheds light on the admissibility of expert law enforcement testimony, particularly its role in supporting the prosecution’s theory that the defendant was consciously aware she was transporting drugs.

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Confrontation, Commands, and Consequences: The Eleventh Circuit Considers Force in Howard v. DeKalb County

The Eleventh Circuit considered a heated encounter between DeKalb County Police Officer Jordan Vance and Kenneth Howard, who, amidst a tense standoff involving a knife, was shot three times by Officer Vance. Howard survived the shooting and brought 42 U.S.C. § 1983 claims for excessive force against Officer Vance and DeKalb County. The case of Howard v. DeKalb County arose after DeKalb County Police

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Care or Consequence: Unraveling the Ninth Circuit’s Stance on State Created Danger in Martinez v. High

Martinez v. High, a case out of the Ninth Circuit Court of Appeals, recently explored the intersection of duty of care and the State-Created Danger Doctrine, challenging law enforcement to carefully balance their protective role with the potential dangers their actions or inactions may induce. The Plaintiff, Desiree Martinez, filed a lawsuit under 42 U.S.C. § 1983 against Clovis police officer, Channon High. Martinez

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