Resources Archives - Page 5 of 42

Mufflers, Motives, and Mixed Messages: Impoundment and Inventory Searches Under the Fourth Amendment

The United States Court of Appeals for the Tenth Circuit recently released an opinion in United States v. Ulibarri, a case that highlights Fourth Amendment issues regarding the validity of traffic stops based on reasonable suspicion, vehicle impoundments when there are mixed motives, and inventory searches. Summary of Facts In May 2021, Officer Lucas Perez and Officer Elsman of the Albuquerque Police Department heard a

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Podcast: Officer Created Jeopardy in Use-of-Force Analysis

The concept of Officer Created Jeopardy is increasingly influencing how courts, litigators, and law enforcement agencies analyze use-of-force incidents. This framework emphasizes accountability for officer actions and decisions leading up to a use-of-force event, rather than focusing solely on the moment force is applied. As reflected in recent legal discussions and case law, agencies must ensure that training, policy, and practice align with evolving judicial expectations regarding officer

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Open Container, Open Trailer: Fifth Circuit Confirms Reasonable Suspicion and Voluntary Consent

The United States Court of Appeals for the Fifth Circuit recently issued a ruling in United States v. Larremore, a case that highlights the importance of Fourth Amendment rights in the context of consent and reasonable suspicion. Fact Summary In July 2023, Deputy Christopher Colona was stationed near a border patrol checkpoint close to Marathon, Texas, during a shift change. Deputy Colona knew that shift

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No Excuses, No Ambiguity: Court Rules Traffickers Liable Even Without Actual Knowledge of Victim’s Age

The United States Court of Appeals for the Second Circuit recently released an opinion in United States v. Concepcion, No. 23-6337 (2nd Cir. 2025), a case that considers the scope of sex trafficking statutes and the application of mens rea terms. In October 2019, Martin Concepcion met Camilla Rodriguez, a 16-year-old runaway, near a Bronx bodega. Concepcion and his roommates invited Rodriguez, who claimed to be 18, to a liquor store and

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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

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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

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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

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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

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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

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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

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