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
In a recent case out of the Tenth Circuit, the court was tasked with assessing Ibarra v. Lee, No. 24-5070 (10th Cir. 2025), which considers the availability of qualified immunity after officers fatally shot an individual while serving him with an emergency protective order. Factual Summary This case arose from an incident in March 2020, after the decedent’s girlfriend filed a protective order against
Fatal Force and Faulty Foundations: Fourth Amendment Failings in Ibarra v. Lee Continue Reading
The United States Court of Appeals for the Tenth Circuit recently decided United States v. Maytubby, a case that evaluates whether a confession obtained during a police interview was voluntary under the Fifth Amendment, highlighting an example of how courts assess officer conduct and potential coercion during non-custodial interviews. In December 2020, Lance Maytubby was questioned at a police station following allegations of sexual
Confession or Coercion? Constitutional Clarity in United States v. Maytubby Continue Reading
The United States Court of Appeals for the Fifth Circuit recently issued its opinion in Bakutis v. Dean, a case that provides guidance on the use of deadly force under the Fourth Amendment and examines the boundaries of the community caretaking exception to the warrant requirement. The Court was tasked with considering whether a Fort Worth police officer was entitled to qualified immunity after fatally
The Ninth Circuit Court of Appeals recently issued a decision in United States v. In, 124 F.4th 790 (9th Cir. 2024), after the defendant, Larry In, was charged with being a felon in possession of a firearm following a traffic stop conducted by officers of the Las Vegas Metropolitan Police Department. This case offers essential guidance for law enforcement officers, considering the proper scope of