The United States Court of Appeals for the Eighth Circuit recently released a ruling for Kampas v. City of St. Louis, Missouri. This case stems from a 2017 acquittal where a former St. Louis Police Department officer was acquitted of the first-degree murder of Anthony Lamar Smith, an African American man. This led to protests breaking out across the city from September through October. […]
The United States Court of Appeals for the Fifth Circuit recently issued a ruling in United States v. Larremore, a case that highlights the importance of Fourth Amendment rights in the context of consent and reasonable suspicion. Fact Summary In July 2023, Deputy Christopher Colona was stationed near a border patrol checkpoint close to Marathon, Texas, during a shift change. Deputy Colona knew that shift
The Eleventh Circuit case of United States v. Sanchez involved a warrant for the seizure of a cell phone. The court cited Riley v. California, which held that a person has a reasonable expectation of privacy in the data contained in their cell phone, including the call log. The court in Riley declined to extend the incident to lawful custodial arrest exception to the
Always Follow the Suspect Holding Their Phone Continue Reading
Officers in our case today from the Seventh Circuit had suspicions of drug activity and used what could potentially be seen as stalling tactics to ensure that a canine could arrive on the scene. According to the 2015 SCOTUS case, Rodriquez v. US, a seizure justified only by a police-observed traffic violation “becomes unlawful if it is prolonged beyond the time reasonably required to
How Long is Too Long During a Traffic Stop? Continue Reading
Before we get into our case, let’s review the Supreme Court’s two objective tests for identifying a Fourth Amendment search. These two tests include whether police: (1) “physically intrud[es] on a constitutionally protected area” (under United States v. Jones); or (2) violate a person’s “reasonable expectation of privacy” (under Katz v. United States). These are different from a seizure, which is legally defined as
It’s All in the Hips: A Suspect’s Suspicious Movements Lead to A Reasonable Frisk Continue Reading
United States v. Simmermaker, out of the Eighth Circuit, brings new meaning to guilty by association. You may think that going over to a friend’s house and keeping your items locked up in security lockbox makes them private, but if your friend happens to be a known drug dealer, you would be wrong. Before we get to the rundown of this case, some notes on warrants: There are
Wrong Couch, Wrong Time – Eighth Circuit Continue Reading
Today’s case out of the 8th Circuit examines the automobile exception. According to this search rule, police may conduct a warrantless on-the-scene search of a motor vehicle based on probable cause to believe that it contains contraband or evidence of a crime. The scope of the search is defined by the nature of probable cause and includes any and all places and containers in
The Automobile Exception & Mobility – Eighth Circuit Continue Reading
Today’s case comes to us from the D.C Circuit Court and asks the question: can a Fourth Amendment seizure take place when there is no physical seizure taking place? Our suspect today argued that officers had no reason to search his satchel, nor did they have probable cause to seize him. But it is important to note that even when you do not physically
Can it be a Seizure When a Person isn’t “Seized”? Continue Reading
In today’s case out of the Eighth Circuit Court of Appeals we encounter two known drug users and Miranda rights. As a reminder, you are required to provide Miranda warnings when conducting a “custodial interrogation”. A person is in “custody” for Miranda, purposes, when there is a formal arrest, or you are restraining the person’s freedom of movement to the degree associated with a formal arrest. To determine whether a person was in custody, the court
Casual Miranda Rights – Eighth Circuit Continue Reading
On May 17, 2021, the United States Supreme Court (SCOTUS), in Caniglia v. Strom, examined whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home as it does in the motor vehicle context. SCOTUS unanimously held that it did not. Facts During an argument with his wife at their home, Edward Caniglia retrieved a handgun from the bedroom, put it
SCOTUS: “There’s No Place Like Home” Continue Reading