Supreme Court Cases

SCOTUS: Qualified Immunity, Continued

In the second of two SCOTUS opinions released on the subject of qualified immunity, the Court overturned a 10th Circuit Court of Appeals decision. The Tenth Circuit Court relied on case law that “allows an officer to be held liable for a shooting that itself is objectively reasonable if the officer’s reckless or deliberate conduct created a situation requiring deadly force.1” SCOTUS emphatically stated, […]

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SCOTUS: Qualified Immunity

On October 18, 2021, the United States Supreme Court issued two per curiam decisions on the topic of qualified immunity. Per curiam (“by the court”) opinions refer to a decision made on behalf of the entire court without a particular judge or justice’s name attached to the opinion. These decisions tend to be short and to the point, as they usually concern issues that the court does not consider to be controversial or require extensive debate. It

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Legal Update: United States v. Jones

Today, we review the use of the ShotSpotter gunshot detection system and a Terry stop. ShotSpotter is “a surveillance network of GPS-enabled acoustic sensors” that “use[s] sophisticated microphones to record gunshots in a specific area.” In today’s case, the use of ShotSpotter helped officers pinpoint their suspect which then led to the Terry stop. Under Terry v. Ohio, the Supreme Court held that officers may stop a citizen if

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Half In, Half Out

On June 28th, Supreme Court Justice Clarence Thomas released a statement pertaining to the federal ban on the cultivation and use of marijuana within states where he noted that it “may no longer be necessary or proper.” This statement was made in connection with the denial of a petition for a writ of certiorari to the Supreme Court of the United States (SCOTUS) in

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SCOTUS: Lange v. California

On June 23, 2021, the United States Supreme Court (SCOTUS), in Lange v. Californiai examined whether pursuit of a fleeing misdemeanor suspect always qualifies as an exigent circumstance. SCOTUS unanimously held that it does not. Facts The defendant, Arthur Lange, was convicted of driving under the influence (DUI) of alcohol. One night in 2016, Lange was on his way home when he drove past a California highway patrol officer while playing loud music with his windows down and

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SCOTUS: Excessive Force

On June 28, 2021, the Supreme Court of the United States (SCOTUS) examined the topic of excessive force in the case of Lombardo v. City of St. Louis. In an unsigned opinion — and over the dissents of three justices — SCOTUS threw out the 8th Circuit Court ruling in favor of the officers—which dismissed the excessive force suit filed by the man’s parents—and

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SCOTUS: Terry v. United States

On June 14, 2021, the United States Supreme Court (SCOTUS), in Terry v. United States examined whether crack offenders who do not trigger a mandatory minimum qualify for resentencing under The First Step Act of 2018. SCOTUS unanimously held they do not. Facts In 1986, Congress established mandatory minimum sentences for cocaine convictions that treated crack offenses much more harshly than those involving powder form. The law established three tiers of penalties. The first imposed a ten-year minimum sentence for individuals who possessed

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SCOTUS: No Plain-Error Relief

On June 14, 2021, the United States Supreme Court (SCOTUS), in Greer v. United States and United States v. Gary examined whether federal felons in possession are entitled to plain-error relief for their unpreserved Rehaif claims. SCOTUS held that they are not.    Facts In Rehaif v. United States, 588 U.S. ___ (2019), SCOTUS held that a conviction for being a felon in possession of a firearm requires proof not only that the defendant knew he had a firearm, but that he was

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SCOTUS: Borden v. United States

On June 10, 2021, the United States Supreme Court (SCOTUS), in Borden v. United States, examined whether, under the Armed Career Criminal Act (ACCA), 18 U.S. §924(e), crimes involving recklessness constitute “violent felonies” for sentence enhancement purposes. A fractured court ruled that it does not. Facts This case involved a provision of ACCA that imposed a 15-year minimum on anyone convicted of being a

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