The United States Court of Appeals for the Ninth Circuit recently rendered a difficult decision in the case of Perez v. City of Fresno. This case stems from an action brought by the surviving family members of Joseph Perez, who asphyxiated and died after police officers, at the direction of a paramedic, used their body weight to restrain Perez while he was prone in […]
In the recent case Milla v. Brown, the United States Court of Appeals for the Fourth Circuit examined Fourth Amendment claims lodged against two officers for detaining and searching the plaintiff and his vehicle without adequate reasonable suspicion to justify the detention. After receiving an anonymous tip about a nearby stabbing, police in Fairfax, Virginia, responded to a gas station, which was reported to
Midnight Missteps: The Limits of Reasonable Suspicion in Milla v. Brown Continue Reading
The United States Court of Appeals for the Ninth Circuit heard a case arising from a law enforcement investigation into the defendant’s involvement in a drug-dealing scheme and his unauthorized possession of firearms. Ostrum first captured the attention of law enforcement during a previous investigation into another suspect. As a result of that initial investigation, officers intercepted text messages indicating repeated methamphetamine and marijuana
In an interesting case, the Sixth Circuit recently tested the limits of the particularity requirement for search warrants under the Fourth Amendment, focusing on how courts assess errors within warrants to determine the impact that such errors may have on the validity of the warrant. United States v. Kirtdoll is a case out of the United States Court of Appeals for the Sixth Circuit,
Introduction As law enforcement officers, understanding election laws is crucial to ensure the integrity and security of the voting process. This resource page provides essential information on election laws, political violence, unlawful paramilitaries, and polling place regulations. Free Podcast: Election Law & Law Enforcement In this episode, Attorney Eric Daigle tackles the hot topic of election law as we approach the November 2024 elections.
Election Laws Resources for Law Enforcement Continue Reading
The United States Court of Appeals for the Tenth Circuit recently delivered a decision in Flores v. Henderson, a case stemming from a tragic encounter involving Shamikle Jackson and four Aurora police officers. The lawsuit was filed by Jackson’s parents after a fatal confrontation between their son and the officers, which began with a distressing 911 call and ended in Jackson’s death. This case
The Seventh Circuit Court of Appeals recently considered United States v. Cade, a case that considers the Attenuation Doctrine in the context of a vehicle search and incriminatory statements. This case arose after the defendant, Brandon Cade, and a friend, T.J., caught the attention of two Chicago police officers while on patrol in a marked squad car. This interaction led officers to search the
The United States Court of Appeals for the Tenth Circuit recently reviewed United States v. Daniels, a case that tests the Fourth Amendment’s boundaries concerning when officers can lawfully detain individuals based on anonymous tips. After he was charged as a felon in possession of a firearm, Lyndell Daniels disputed his detention, prompting the court to take a close look at the standards for
The Ninth Circuit Court of Appeals recently rendered a decision in the case of United States v. Ramirez, exploring the limits of the Fourth Amendment’s protections against unreasonable searches and seizures. In this case, the focus narrows in on a traffic stop scenario where an officer approached the vehicle and initiated the encounter by asking the driver, “What’s up, my man? You on probation
In the United States Court of Appeals for the Tenth Circuit, the case of United States v. Ronquillo recently considered officers’ actions during the execution of a search warrant. The Tenth Circuit was tasked with confronting the parameters of what constitutes curtilage for purposes of defining the permissible boundaries of a Fourth Amendment search. The aftermath of a SWAT raid authorized by warrant resulted in the