Resources Archives - Page 9 of 37

From Trespassing to Testimony: Unraveling Custody and Miranda Warning in Park Encounter

In United States v. Leggette, the Fourth Circuit Court of Appeals evaluated whether the defendant, Dwayne Leggette, was subjected to custodial interrogation by police officers in a public park after hours, thereby necessitating the provision of Miranda warnings.1 The officers had discovered a firearm in a nearby trash can, and Leggette ultimately confessed to possessing the gun and being a felon. The district court […]

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Supreme Court Ruling on Navigating the Line Between True Threats and Free Speech

On June 27, 2023, the United States Supreme Court’s verdict on Counterman v. Colorado will likely send ripples through the legal landscape, offering critical guidance on First Amendment interpretation, ‘true threats,’ and protected speech. This article seeks to break down the Court’s decision and rationale, helping law enforcement officers grasp the ruling’s implications. Billy Counterman was found guilty of stalking after engaging in two years of

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From Snapchat to Searches: Social Media Post Leads to Fourth Amendment Violation

In the case of United States v. Banks, the Seventh Circuit Court of Appeals reviewed the issue of whether a law enforcement officer’s warrantless entry onto a convicted felon’s porch violated their Fourth Amendment rights.1 An officer was using his Snapchat social media when he came across a post by the defendant, a convicted felon by the name of Banks. In the photograph, the

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High-Stakes Traffic Stop: When Guns, Fugitives, and Family Collide

Background In Hemry v. Ross, the Tenth Circuit Court of Appeals recently addressed the issues of false arrest and excessive force during an investigative stop when Yellowstone National Park Rangers mistook the identity of a family, believing that they were a wanted fugitive tied to the murders of three women.1 While the district court denied qualified immunity to the rangers, the Tenth Circuit Court

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First Circuit Finds No Expectation of Privacy for Trespasser’s Firearms

United States v. John is a case that deals with search and seizure in relation to a trespasser’s supposed expectation of privacy.1 The district court denied the Defendant’s motion to suppress the evidence based on Fourth Amendment grounds, and the First Circuit Court of Appeals affirmed the judgment, holding that the denial to suppress was proper. On November 10, 2018, law enforcement officers were

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Armed with Knowledge: Unraveling the Complexities of Policing Open Carry in a Constitutional Crossfire

In a recent case from the Seventh Circuit Court of Appeals, Pierner-Lytge v. Hobbs, the court addressed the implications for law enforcement officers when confronted with a situation that involves the open carry of firearms in public spaces, public safety, and the Second Amendment right to bear arms. Pierner-Lytge was arrested by officers for disorderly conduct in a public park. Upon her arrest, the

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How Qualified Immunity is Affected by Clearly Established Law

Our case today from the Tenth Circuit covers qualified immunity and excessive force and brings up another case that is important to note when handling qualified immunity: Heck v. Humphrey. While we often discuss qualified immunity cases, many of them are dismissed under Heck v. Humphrey. In Heck v. Humphrey, the Supreme Court held that a plaintiff could not bring a civil-rights claim for

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Reasonable Fear, Actual Fear, and Weapons: United States v. Guerrero

The case under discussion today from the First Circuit revisits the idea of actual fear versus reasonable fear an officer might face when stopping a vehicle. This concept is crucial because an officer is permitted to search a car without a warrant if there is reasonable suspicion that weapons might be involved. Two significant cases, Michigan v. Long and United States v. Lott, are

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Tools of Convenience or Exigent Circumstances?

Police officers responded to a 911 call reporting domestic violence at Jaquanna Foreman’s residence. Foreman informed the officers that her former boyfriend, Erick Hobbs, had come to her home, brandished a semi-automatic handgun, and used the gun to break a window in her home. Hobbs then entered the home and took a television. Foreman also stated that Hobbs threatened to kill her, her daughter,

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When Tactical Operations & Mental Health Crises Collide

In Coronado v. Olsen, Fernando Coronado and his wife filed a §1983 claim against two SWAT officials that responded to a 911 dispatch call for domestic violence and alleged suicide threats.1 Coronado complained that Officers Hill and Olsen used excessive force when using their tasers to subdue him. West Valley City’s SWAT team arrived at Coronado’s home and began immediate attempts to negotiate with

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