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Rally‑Rights Rumble: Fourth Circuit Clears Crowd-Controlling Cops from ‘Heckler’s Veto’ Heat in Balogh v. Virginia

The United States Court of Appeals for the Fourth Circuit recently rendered a decision in the case Balogh v. Virginia.1 This case arose in the wake of the “Unite the Right” rally in Charlottesville, Virginia, organized to protest the removal of a Robert E. Lee statue. The protest quickly turned violent between protesters and counter-protesters, leading one plaintiff to file suit against the Charlottesville Police […]

Rally‑Rights Rumble: Fourth Circuit Clears Crowd-Controlling Cops from ‘Heckler’s Veto’ Heat in Balogh v. Virginia Continue Reading

No Free Pass Behind Tinted Glass: Eighth Circuit Upholds K-9 Sniff and Miranda Waiver in U.S. v. Rose

The United States Court of Appeals for the Eighth Circuit recently issued a decision in the case of United States v. Rose, where the Court considered whether officers’ observations of tinted windows can establish probable cause for a traffic stop and whether employing a drug-detection dog, along with subsequent arrests and searches, can withstand constitutional scrutiny.[1] This case originated with a routine traffic stop in

No Free Pass Behind Tinted Glass: Eighth Circuit Upholds K-9 Sniff and Miranda Waiver in U.S. v. Rose Continue Reading

Qualified Immunity Upheld: Crowd Control and First Amendment Rights Under Review

The United States Court of Appeals for the Eighth Circuit recently issued a decision in the case Stearns v. Wagner, 122 F.4th 699 (8th Cir. 2024), which arose in the wake of George Floyd’s death after large-scale protests erupted nationwide. This §1983 lawsuit challenges a Missouri State Highway Patrol Sergeant’s crowd-control tactics after a protester was injured by a deployed projectile. Factual Background On May

Qualified Immunity Upheld: Crowd Control and First Amendment Rights Under Review Continue Reading

Fences, Free Speech, and a Trump Rally Tussle: Ninth Circuit Upholds Phoenix’s Crowd-Control Tactics in Puente

The Ninth Circuit Court of Appeals issued a recent decision in Puente v. City of Phoenix1, a case that examines law enforcement’s application of force when attempting to maintain order in response to large crowd-control situations. Arising from a protest outside a rally for then-President Trump in Phoenix, Arizona in 2017, the Phoenix Convention Center drew a crowd of demonstrators that required a safety-response plan

Fences, Free Speech, and a Trump Rally Tussle: Ninth Circuit Upholds Phoenix’s Crowd-Control Tactics in Puente Continue Reading

No-Knock Entry, Chemical Munitions, and $50K in Damages

Tenth Circuit’s Cuervo v. Sorenson Lessons for Tactical Operations Compliance with the Fourth Amendment Arising out of the United States Court of Appeals for the Tenth Circuit, the case of Cuervo v. Sorenson scrutinizes the deployment of two SWAT units, the use of chemical munitions, and property damage exceeding $50,000 during a search for a stolen Sno-Cat.1 This case highlights significant constitutional concerns about

No-Knock Entry, Chemical Munitions, and $50K in Damages Continue Reading

Carjackings, Criminal Conflicts, and the Car Search Conundrum: Fourth Circuit Clarifies Gant in U.S. v. Turner

The United States Court of Appeals for the Fourth Circuit recently issued a decision which considered the scope of law enforcement’s authority to conduct a warrantless vehicle search incident to a lawful arrest based on a valid arrest warrant. The case, United States v. Turner, stems from several incidents that took place in North Carolina, over roughly two days in June of 2020. After

Carjackings, Criminal Conflicts, and the Car Search Conundrum: Fourth Circuit Clarifies Gant in U.S. v. Turner Continue Reading

From Minor Infraction to Major Overreach: Meshal v. Commissioner Challenges Traffic Stop Extensions and Unlawful Searches

The United States Court of Appeals for the Eleventh Circuit recently rendered a decision in Meshal v. Commissioner, Georgia Dept. of Public Safety, where the Court considered under what circumstances an officer may be denied qualified immunity for extending a traffic stop. Specifically, is a call to the FBI concerning a driver’s status on the No-Fly List equivalent to a warrants check? The case

From Minor Infraction to Major Overreach: Meshal v. Commissioner Challenges Traffic Stop Extensions and Unlawful Searches Continue Reading

AI in Law Enforcement: Innovation, Risk, and the Road Ahead

The Future of AI in Law Enforcement The Guardian Mindset Podcast is back with a critical conversation on Artificial Intelligence in Law Enforcement. Attorney Eric Daigle sits down with Attorney Joseph Race, an expert in policy and accreditation, to break down the real-world implications of AI in policing. From predictive analytics and real-time crime centers to the legal minefield of facial recognition, this episode

AI in Law Enforcement: Innovation, Risk, and the Road Ahead Continue Reading

From Toy Blade to Tragic End: Napouk v. Las Vegas Metro Police Evaluates Deadly Force and Qualified Immunity

The United States Court of Appeals for the Ninth Circuit recently issued a decision in Napouk v. Las Vegas Metropolitan Police Department, a case involving the use of deadly force. The ruling highlights the challenges law enforcement officers face when making split-second decisions in tense, uncertain, and rapidly evolving situations. Stemming from the fatal shooting of Lloyd Napouk by two officers from the Las

From Toy Blade to Tragic End: Napouk v. Las Vegas Metro Police Evaluates Deadly Force and Qualified Immunity Continue Reading

Vacant but Not Private: United States v. Lowe Defines Privacy Boundaries in Apartment Storage Unit Searches

A recent case considered by the Tenth Circuit examines the circumstances that determine whether a suspect lacks a reasonable expectation of privacy in a vacant storage unit located in the apartment building where they reside. United States v. Lowe challenges us to explore the boundaries and scope of individual privacy rights within shared residential spaces, particularly in the context of warrantless searches. After serving

Vacant but Not Private: United States v. Lowe Defines Privacy Boundaries in Apartment Storage Unit Searches Continue Reading

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