Resources Archives - Page 5 of 41

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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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

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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

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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

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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,

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Barry’s Boundaries: When Probable Cause Meets Probation Search Conditions

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

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Bytes and Bounds: Holcomb’s Warning Against Unfettered Electronic Searches

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

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No-Knock Nuances: Davis v. City of Little Rock Clarifies Warrant Execution Standards

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

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Fatal Force and Faulty Foundations: Fourth Amendment Failings in Ibarra v. Lee

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

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