Resources Archives - Page 7 of 41

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 […]

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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

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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

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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

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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

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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

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United States v. Ruiz and the Debate Over Suggestive Photo Arrays and Witness Identification

The Tenth Circuit Court of Appeals rendered an opinion in the case of United States v. Ruiz, which considers the reliability of witness identification and highlights the challenges officers often face in balancing investigative procedures with constitutional protections while conducting narcotics operation and investigation.1 This case arose from an incident at the Columbus, New Mexico, port of entry, a location frequented by Sergio Ruiz,

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Seventh Circuit Clarifies Search-Incident and Automobile Exceptions in United States v. Davis

The United States Court of Appeals for the Seventh Circuit recently rendered a decision in United States v. Davis, considering whether law enforcement officers had a sufficient constitutional basis to search a defendant’s vehicle after he was pulled over in response to reports of domestic violence.1 In the early morning hours of February 22, 2022, a domestic disturbance unfolded at a family home in

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A Stop Too Far: The Sixth Circuit Rejects Prolonged Detention and K-9 Search in United States v. Taylor

In United States v. Taylor, the United States Court of Appeals for the Sixth Circuit considered crucial questions about the limits of police authority during traffic stops, particularly the use of prolonged detention and K-9 units in situations where reasonable suspicion is in question.1 This case centers on a traffic stop conducted by law enforcement that led to the discovery of a firearm—but not without

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Fleeing, Failing, and Fatal Force

Baxter v. Santiago-Miranda, Hendren, No. 23-11902, 2024 U.S. App. LEXIS 28813 (11th Cir. Nov. 13, 2024) The Eleventh Circuit Court of Appeals rendered a recent decision in a case that highlights law enforcement’s use of deadly force, the duty to render medical aid, and the potential liability for state-law battery. Baxter v. Santiago-Miranda and Hendren reached the Eleventh Circuit after a fatal shooting by

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