Legal Update Articles

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Open Container, Open Trailer: Fifth Circuit Confirms Reasonable Suspicion and Voluntary Consent

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...

No Excuses, No Ambiguity: Court Rules Traffickers Liable Even Without Actual Knowledge of Victim’s Age

The United States Court of Appeals for the Second Circuit recently released an opinion in United States v. Concepcion, No. 23-6337 (2nd Cir. 2025), a case that considers the scope of sex trafficking statutes and the application of mens rea terms. In...

Drawing the Line at the Fence: Eighth Circuit Analyzes Plain View, Exigency, and Curtilage in United States v. McGhee

In United States v. McGhee, No. 23-3674 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit considered the boundaries of the Fourth Amendment regarding the distinction between curtilage and an open field....

Seventh Circuit Scrutinizes Sweeps in United States v. Walker

In a recent decision from the United States Court of Appeals for the Seventh Circuit, the Court examined United States v. Walker, a case that highlights the issue of the reasonable expectation of privacy owed to...

From Split-Second to Ceasefire: The Sixth Circuit Splits in Eastep v. City of Nashville

The United States Court of Appeals for the Sixth Circuit recently released a ruling in Eastep v. City of Nashville, Tennessee, a case that reached the Court after a thirty-five-minute standoff on a Nashville highway ended...

Drop-the-Gun Demands to Deadly Force: Eighth Circuit Delivers Decision in Klum v. City of Davenport

The United States Court of Appeals for the Eighth Circuit recently issued a decision in Klum v. City of Davenport, a case that challenges whether qualified immunity shields an officer who used deadly force against...

Curbside Cannabis & Curtilage Concerns: Third Circuit Draws the Driveway Line in United States v. Moses

The United States Court of Appeals for the Third Circuit recently released a ruling in United States v. Moses, a case that considers whether a driveway is part of a home’s curtilage and therefore protected against...

Facebook Firearms to Fourth Amendment Force – Eighth Circuit’s Ruling in Davenport v. City of Little Rock

The United States Court of Appeals for the Eighth Circuit recently released a decision in Davenport v. City of Little Rock, 142 F.4th 1036 (8th Cir. 2025) a case that considers the important balance between effective policing tactics...

Pockets & Pat-Downs: Third Circuit Validates Plain-Feel in Williams

The United States Court of Appeals for the Third Circuit recently analyzed United States v. Williams, where the Court considered the scope of traffic stops and the parameters implied when conducting a protective frisk under Terry v....

Particularity Protects: Seizure-Only Authorization Can’t Justify Forensic Search in United States v. Ray

The United States Court of Appeals for the Fourth Circuit recently rendered a ruling in United States v. Ray, a case that stemmed from an investigation looking into Joshua Ray, a member of the United...

Not Mine, Not Protected: Eleventh Circuit Holds Property Disclaimer Removes Fourth-Amendment Protections in United States v. Morgan

The United States Court of Appeals for the Eleventh Circuit recently released a decision in United States v. Morgan, a case that considers whether the Fourth or Fifth Amendment required excluding the contents of the...

Plain-View Pixels: Eighth Circuit’s Blueprint on Consent, Plain View, and Miranda at the Roadside in United States v. Puckett

The United States Court of Appeals for the Eighth Circuit recently rendered an opinion in United States v. Puckett, a case that analyzes Fourth Amendment protections in the context of prolonged traffic stops and the...

Barry’s Boundaries: When Probable Cause Meets Probation Search Conditions

In a recent case decided by the United States Court of Appeals for the Ninth Circuit recently rendered a decision in United States v. Barry, a case that examines the application of Fourth Amendment protections against...

Bytes and Bounds: Holcomb’s Warning Against Unfettered Electronic Searches

The United States Court of Appeals for the Ninth Circuit issued a decision in United States v. Holcomb, 23-469 (9th Cir. 2025), where the Court considered “whether an individual can be prosecuted for despicable criminal...

No-Knock Nuances: Davis v. City of Little Rock Clarifies Warrant Execution Standards

The United States Court of Appeals for the Eighth Circuit recently rendered a decision in Davis v. City of Little Rock, No. 23-1636 (8th Cir. 2024), a case that considered the boundaries of permissible no-knock warrants,...

Fatal Force and Faulty Foundations: Fourth Amendment Failings in Ibarra v. Lee

In a recent case out of the Tenth Circuit, the court was tasked with assessing Ibarra v. Lee, No. 24-5070 (10th Cir. 2025), which considers the availability of qualified immunity after officers fatally shot an...

Confession or Coercion? Constitutional Clarity in United States v. Maytubby

The United States Court of Appeals for the Tenth Circuit recently decided United States v. Maytubby, a case that evaluates whether a confession obtained during a police interview was voluntary under the Fifth Amendment, highlighting...

Fatal Force and Front Doors: Fifth Circuit Considers Fourth Amendment Framework in Bakutis v. Dean

The United States Court of Appeals for the Fifth Circuit recently issued its opinion in Bakutis v. Dean, a case that provides guidance on the use of deadly force under the Fourth Amendment and examines the...

Handcuffed on the Strip—Court Rules Visible Glock Justified Extra Restraint During Traffic Stop

The Ninth Circuit Court of Appeals recently issued a decision in United States v. In, 124 F.4th 790 (9th Cir. 2024), after the defendant, Larry In, was charged with being a felon in possession of a...

No Duty to Dive: 41-Degree Back Cove Death Does Not Trigger State-Created-Danger Claim, Says First Circuit

The United States Court of Appeals for the First Circuit recently addressed the State Created Danger Doctrine in Cohen v. City of Portland. This case arose after Eric Cohen, experiencing a psychotic episode, attacked his girlfriend...

Six-Second Shooting Strips Seattle Officers of Immunity — Ninth Circuit in Johnson v. Myers

The United States Court of Appeals for the Ninth Circuit issued a decision in Johnson v. Myers, 129 F.4th 1189 (9th Cir. 2025), where the Court considered whether a suspect posed an immediate threat to officers...

50 Days, No Warrant: Second Circuit Green‑Lights Pole‑Camera Surveillance of Storefronts

The United States Court of Appeals for the Second Circuit recently addressed the intersection of modern surveillance technology and the Fourth Amendment in United States v. Harry, 130 F.4th 342 (2d Cir. 2025). As part of...

Timing Tossed, Totality Triumphs: SCOTUS in Barnes v. Felix Clarifies Use-of-Force Analysis

On May 15, 2025, the Supreme Court of the United States released its long-anticipated opinion in Barnes v. Felix, S.Ct.., 2025 WL 1401083. The unanimous 9-0 decision clarified and reiterated several critical principles for assessing...

Knives Down, No Immediate Threat: Tenth Circuit Revives Excessive Force Claims in Baca v. Cosper

The Tenth Circuit Court of Appeals recently analyzed the case Baca v. Cosper, where the Court considered whether a police officer’s use of deadly force against a mentally diminished elderly woman was objectively reasonable under the...