Resources Archives - Page 6 of 41

Confession or Coercion? Constitutional Clarity in United States v. Maytubby

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

Fatal Force and Front Doors: Fifth Circuit Considers Fourth Amendment Framework in Bakutis v. Dean

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

Fatal Force and Front Doors: Fifth Circuit Considers Fourth Amendment Framework in Bakutis v. Dean Continue Reading

Handcuffed on the Strip—Court Rules Visible Glock Justified Extra Restraint During Traffic Stop

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

Handcuffed on the Strip—Court Rules Visible Glock Justified Extra Restraint During Traffic Stop Continue Reading

No Duty to Dive: 41-Degree Back Cove Death Does Not Trigger State-Created-Danger Claim, Says First Circuit

The United States Court of Appeals for the First Circuit recently addressed the State Created Danger Doctrine in Cohen v. City of Portland. This case arose after Eric Cohen, experiencing a psychotic episode, attacked his girlfriend and fled into the cold waters of Portland’s Back Cove, where he eventually drowned from hypothermia. Factual Background On April 12, 2020, the Portland Maine Police Department received an

No Duty to Dive: 41-Degree Back Cove Death Does Not Trigger State-Created-Danger Claim, Says First Circuit Continue Reading

Six-Second Shooting Strips Seattle Officers of Immunity — Ninth Circuit in Johnson v. Myers

The United States Court of Appeals for the Ninth Circuit issued a decision in Johnson v. Myers, 129 F.4th 1189 (9th Cir. 2025), where the Court considered whether a suspect posed an immediate threat to officers for purposes of determining whether the officers’ use of deadly force was justified. The case reached the Court after Ryan Smith was shot and killed by two Seattle police

Six-Second Shooting Strips Seattle Officers of Immunity — Ninth Circuit in Johnson v. Myers Continue Reading

50 Days, No Warrant: Second Circuit Green‑Lights Pole‑Camera Surveillance of Storefronts

The United States Court of Appeals for the Second Circuit recently addressed the intersection of modern surveillance technology and the Fourth Amendment in United States v. Harry, 130 F.4th 342 (2d Cir. 2025). As part of an ongoing investigation into suspected drug trafficking activities, DEA agents employed a stationary pole camera to continuously monitor the exterior of Action Audio Store for approximately 50 days without

50 Days, No Warrant: Second Circuit Green‑Lights Pole‑Camera Surveillance of Storefronts Continue Reading

Timing Tossed, Totality Triumphs: SCOTUS in Barnes v. Felix Clarifies Use-of-Force Analysis

On May 15, 2025, the Supreme Court of the United States released its long-anticipated opinion in Barnes v. Felix, S.Ct.., 2025 WL 1401083. The unanimous 9-0 decision clarified and reiterated several critical principles for assessing use of deadly force cases. A police officer’s use of deadly force violates the Fourth Amendment when it is not “objectively reasonable.”[1] The inquiry into reasonableness requires assessing the

Timing Tossed, Totality Triumphs: SCOTUS in Barnes v. Felix Clarifies Use-of-Force Analysis Continue Reading

Knives Down, No Immediate Threat: Tenth Circuit Revives Excessive Force Claims in Baca v. Cosper

The Tenth Circuit Court of Appeals recently analyzed the case Baca v. Cosper, where the Court considered whether a police officer’s use of deadly force against a mentally diminished elderly woman was objectively reasonable under the Fourth Amendment. The decision addresses a crucial issue in law enforcement: determining when a knife-wielding individual actually poses an immediate threat justifying lethal force, and what the law requires

Knives Down, No Immediate Threat: Tenth Circuit Revives Excessive Force Claims in Baca v. Cosper Continue Reading

Through the Tinted Looking Glass: Second Circuit OKs iPhone-Aided Car Peek in U.S. v. Poller

The U.S. Court of Appeals for the Second Circuit issued a recent decision in United States v. Poller, 129 F.4th 169 (2d Cir. 2025). As part of an ongoing investigation into suspected drug and weapons offenses, officers executing search and arrest warrants approached the suspect’s vehicle—parked on a public street outside his residence—and used an iPhone camera to examine its interior. On February 20, 2025,

Through the Tinted Looking Glass: Second Circuit OKs iPhone-Aided Car Peek in U.S. v. Poller Continue Reading

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