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 […]
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
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
Fleeing, Failing, and Fatal Force Continue Reading
The Seventh Circuit’s recent decision in United States v. Hudson navigates complex Fourth Amendment issues within the context of medical emergencies and law enforcement intervention. This case focuses on the complexities involved when the duties of medical personnel and police officers intersect. The case began on an early morning in January 2022, when Javares Hudson arrived at Carle BroMenn Medical Center seeking emergency treatment
Today, we analyze a recent Ninth Circuit Court of Appeals decision that examines law enforcement’s authority to manage public spaces while addressing the dynamics of public expression and safeguarding citizens’ constitutional freedoms. This case centers on “time, place, and manner” restrictions and the application of obstruction ordinances in response to public hostility toward protected speech. The case, Meinecke v. City of Seattle, arose after two
Voices and Vetoes: Navigating First Amendment Rights in Meinecke v. City of Seattle Continue Reading
In July 2024, the United States Court of Appeals for the Fourth Circuit issued an opinion in United States v. Chatrie, a case that could potentially make its way up to the Supreme Court of the United States, providing the High Court an opportunity to settle an existing circuit split over the constitutionality of geofence warrants as an investigative technique used by law enforcement.¹
The Supreme Court recently issued a decision in an important case that could affect how law enforcement officers act as expert witnesses. Diaz v. United States deals with a niche yet significant topic: the role of police officers as expert witnesses and the admissibility of law enforcement testimony regarding the defendant’s specific mental state. This case began after Delilah Diaz was stopped at a
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