Resources Archives - Page 8 of 37

Orders Under Fire: Navigating the Tensions of Excessive Force, Muddled Commands, and Qualified Immunity

The Fourth Circuit Court of Appeals presented a decision in Franklin v. City of Charlotte, a case that emphasizes the tensions between police response and perceived threats, while considering the potential pitfalls of ambiguous or conflicting officer commands.1 Stemming from an incident at a local fast-food restaurant, what might have been an everyday incident rapidly escalated into an irreversible tragedy. The plaintiff, acting on […]

Orders Under Fire: Navigating the Tensions of Excessive Force, Muddled Commands, and Qualified Immunity Continue Reading

US v. Smith Unveiled: A Fresh Lens on Reasonable Suspicion in Vehicular Stops and Searches

The Court of Appeals for the Sixth Circuit recently explored the case of US v. Smith, a case that guides officers through the principles of reasonable suspicion, as they pertain to police procedure in vehicular stops and searches. At around 2:00 am, two individuals, D.B. and Sharon, left a Detroit bar, with D.B. suspecting that they were being followed by a silver sedan. Evidence

US v. Smith Unveiled: A Fresh Lens on Reasonable Suspicion in Vehicular Stops and Searches Continue Reading

Force, Flight & Immunity: A Dive into the Controversy of Parsons v. City of Ann Arbor

The Court of Appeals for the Sixth Circuit issued a decision in Parsons v. City of Ann Arbor, a case that grapples with the issues of qualified immunity, alleged excessive use of force, and state law assault and battery allegations. The situation stemmed from a heated encounter between a law enforcement officer and an uncooperative individual during an investigatory detention outside of a local

Force, Flight & Immunity: A Dive into the Controversy of Parsons v. City of Ann Arbor Continue Reading

Canine Conundrum: Police Dogs, Excessive Force, and Fourth Amendment Jurisprudence

The Court of Appeals for the Fourth Circuit issued a decision in Putman v. Harris, a case that centers on an alleged use of excessive force during the seizure of a potentially armed person, threatening self-harm and suicide.1 The plaintiff in this case, Dillard Putman, raised a 42 U.S.C. §1983 claim, where he accused the defendant Officer of infringing upon his Fourth Amendment rights

Canine Conundrum: Police Dogs, Excessive Force, and Fourth Amendment Jurisprudence Continue Reading

Between Silence and Speech: Tracing the Path of Voluntary Confessions in US v. Woolridge

The Court of Appeals for the Sixth Circuit issued a decision in United States v. Woolridge, a case that addresses the issue of voluntary confessions and the application of Miranda warnings1. The decision by the Sixth Circuit emphasizes the primacy of the Fifth Amendment in safeguarding suspects’ rights during officer interactions with detainees. Joshua Woolridge, the defendant in the case, was charged under 18

Between Silence and Speech: Tracing the Path of Voluntary Confessions in US v. Woolridge Continue Reading

Impersonation to Impoundment: Dismantling Qualified Immunity and Warrantless Driveway Seizures

In the landscape of modern law enforcement, a recent ruling from the Sixth Circuit Court has cast a spotlight on the complex interplay between the Fourth and Fourteenth Amendments and the doctrine of Qualified Immunity. The case in question, Habich v. Wayne County, was borne out of a contentious circumstance surrounding the impounding of a vehicle from a private driveway without a warrant. At

Impersonation to Impoundment: Dismantling Qualified Immunity and Warrantless Driveway Seizures Continue Reading

Tenth Circuit Unzips Inevitable Discovery Doctrine & Fourth Amendment Limits in Illegal Searches

The Tenth Circuit Court of Appeals recently considered the scope of the Fourth Amendment protections in the context of a warrantless search not incident to arrest, and the applicability of the inevitable discovery exception to the Exclusionary Rule. In United States v. Braxton, the defendant was arrested on drug-related charges. Following the arrest, officers conducted a warrantless search of his backpack and discovered a

Tenth Circuit Unzips Inevitable Discovery Doctrine & Fourth Amendment Limits in Illegal Searches Continue Reading

Behind the Hiding Spot: Piecing Together Proximity, Behavior, and Statements for Reasonable Suspicion

In United States v. Roper, the court dealt with the issue of reasonable suspicion in the context of a police officer stop and search. This case provides valuable insights for law enforcement officers, shedding light on the factors contributing to reasonable suspicion during a police stop. Roper was convicted and sentenced to a 105-month term of imprisonment, followed by a three-year term of supervised

Behind the Hiding Spot: Piecing Together Proximity, Behavior, and Statements for Reasonable Suspicion Continue Reading

Caution Ahead: Balancing First Amendment Rights and Police Enforcement in Traffic Operations

The Court of Appeals for the Second Circuit issued a decision in Friend v. Gasparino, a case that grapples with alleged violations of an individual’s First, Fourth, and Fourteenth Amendment rights following the arrest of citizen Michael Friend, for displaying a sign on a public sidewalk that warned drivers of a police operation ahead. Friend pursued five claims against Officer Gasparino and the City

Caution Ahead: Balancing First Amendment Rights and Police Enforcement in Traffic Operations Continue Reading

Traffic Stop Turmoil: Reasonable Suspicion Leads to Discovery of Illegal Drugs

In United States v. Batara-Molina, the Tenth Circuit Court of Appeals addressed the issue of whether a traffic stop was unlawfully prolonged for a canine sniff lacking reasonable suspicion, in violation of the Fourth Amendment.1 Summary Wyoming Deputy Eric Coxbill stopped Ian Batara-Molina’s vehicle for driving 49 mph in a 45-mph zone. As he approached the car, the Deputy detected a strong flower-like odor.

Traffic Stop Turmoil: Reasonable Suspicion Leads to Discovery of Illegal Drugs Continue Reading