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
On March 25, 2021, the United States Supreme Court (SCOTUS), in the matter of Torres v. Madrid,1 clarified the meaning of “seizure” under the Fourth Amendment and whether a seizure occurs when officers use force that does not result in the actual restraint of the individual. In this case, the question before the court was “whether a seizure occurs when an officer shoots someone who temporarily
SCOTUS considers when a shooting by the police can be considered a seizure Continue Reading
In Lange v. California, a case argued before the Supreme Court of the United States on February 24, 2021, the Supreme Court weighed in on how much protection the Fourth Amendment gives to those suspected of a minor crime once they enter their home. To give some perspective on the topic, police do not need a warrant when a fleeing felon is found in their home.
SCOTUS: “Hot” Pursuits Continue Reading
Our legal update today will focus on the 7th Circuit Court of Appeals, covering those jurisdictions in Illinois, Indiana, and Wisconsin. Today’s case looks at the question of whether a suspect has a legitimate expectation of privacy in his backpack when it is found at the scene of an active burglary. For some of you that may have been around the block for a while, you may recall that at one
Expectation of Privacy – United States v. Sawyer Continue Reading
The First Amendment and the Religious Freedom Restoration Act Today’s legal update focuses on a case out of the Second Circuit that ended up facing the Supreme Court. In today’s case we encounter both the Religious Freedom Restoration Act, or RFRA and how congress and SCOTUS view compensation when dealing with an action against the RFRA. SCOTUS’s opinion ultimately affects the way “government” can be
SCOTUS: Tanzin v. Tanvir Continue Reading
On April 6, 2020, the United States Supreme Court answered the question of whether an officer (or in this case a deputy) violates the Fourth Amendment when he/she makes an investigative stop after running a license plate and discovering that the vehicle belongs to an operator with a revoked license. The Supreme Court held that “when an officer lacks information negating an inference that
In US v. Morales, an 11th Circuit case from July 2018, involved officers searching a home based on consent provided by the leaseholder and occupant of the home.[1] The defendant, Jose Morales, claimed he also lived in the house with his girlfriend and their children and his girlfriend’s mother’s consent was not enough to allow the search when he was physically present outside the
Co-Occupant Must Object to Invalidate Consent Continue Reading
In January 2019, a case came out of the Supreme Court involving the City of Escondido, its police department, and issues of misconduct and accountability.[1] Marty Emmons filed a lawsuit against Escondido police officers for excessive force. The question in this qualified immunity case is whether two police officers violated clearly established law when they forcibly apprehended a man at the scene of a
Today, the United States Supreme Court issued its decision in Carpenter v. United States (No. 16-402), 585 US ____ (2018), holding that when the Government obtains access to historical cell-phone records that provide a chronicle of the user’s past movements, it constitutes a search under the Fourth Amendment. As such, the Government must generally obtain a warrant supported by probable cause before acquiring such
On June 18, 2018 the United States Supreme Court issued its decision in Lozman v. City of Riviera Beach (No. 17-21), 585 US ____ (2018), holding that the existence of probable cause for an arrest, does not bar a First Amendment retaliation claim. In 2006, petitioner Fane Lozman (Lozman) towed his floating home into a slip in the City-owned marina, where he became a