On June 29, 2026, the Supreme Court explained how the Fourth Amendment applies to the use of a geofence warrant. In doing so, the Court was tasked with considering two questions: whether the police conducted...
Continue ReadingThe Tenth Circuit recently released their decision for United States v. Nahkai, which examines when someone is in custody for Miranda. The Tenth Circuit held that Andy Nahkai was not in custody for purposes of...
Continue ReadingThe United States Court of Appeals for the Fifth Circuit recently released an opinion in United States v. Porter, a case that considers whether the government’s use of historical location information from a networked license plate reader system, constitutes a search...
Continue ReadingThe Eleventh Circuit’s decision in United States v. Thomas highlights the critical distinction between a consensual police encounter and a Fourth Amendment seizure. The case arose from an officer’s response to a minor complaint in a fast-food parking...
Continue ReadingThe Tenth Circuit’s decision in United States v. Watkins examines the limits of Fourth Amendment protections in the context of motel rooms and publicly accessible walkways. The case focuses on whether an officer’s observation through...
Continue ReadingThe Seventh Circuit recently released a decision in United States v. Coleman. This case serves as a crucial exploration of Fourth Amendment boundaries, specifically the scope of consent and who can give it. Summary of...
Continue ReadingThe United States Court of Appeals for the Ninth Circuit recently released a ruling in Hawatmeh v. City of Henderson. This case stems from a volatile hostage situation that occurred in December 2020 after Jason...
Continue ReadingThe United States Court of Appeals for the Ninth Circuit recently released an opinion in Pena v. City of Los Angeles. This case reached the court after an exercise of police power led to private property...
Continue ReadingTechnology is moving faster than the law, and geofence warrants are one of the clearest examples of that tension. In Chatrie v. United States, law enforcement used a geofence warrant to obtain Google location data...
Continue ReadingThe United States Court of Appeals for the Tenth Circuit recently released a ruling for Fuqua v. Santa Fe County Sheriff’s Office. This case stems from an incident in July 2021 when Deputy Leonardo Guzman pulled...
Continue ReadingThe United States Court of Appeals for the Ninth Circuit recently released a ruling in Los Angeles Press Club v. Noem, a case that arose from protests in Southern California. The Ninth Circuit largely upheld...
Continue ReadingThe Supreme Court recently decided Olivier v. City of Brandon, holding that a plaintiff with a prior conviction under a law may still bring a Section 1983 suit seeking purely prospective relief against that law,...
Continue ReadingThe United States Court of Appeals for the Tenth Circuit recently released a ruling for Burke v. Pitts, a case that arose after a response to a domestic disturbance call ended with multiple Taser discharges and a fatal shooting within four minutes of officer arrival.1 The United States...
Continue ReadingThe Supreme Court of the United States recently decided Zorn v. Linton, holding that, because the U.S. Court of Appeals for the Second Circuit failed to identify a case where an officer using a routine...
Continue ReadingThe United States Court of Appeals for the Fifth Circuit recently decided United States v. Wilson, a case emphasizing that a search warrant affidavit must establish probable cause specifically tied to the place to be...
Continue ReadingThe United States Court of Appeals for the Seventh Circuit recently released an opinion in United States v. Scott, a case highlights reasonable expectations of privacy in the context of public restrooms and constructive possession...
Continue ReadingThe United States Court of Appeals for the First Circuit recently released a ruling in Conlon v. Scaltreto. This case stems from a police response to a mental health crisis and examines how courts will...
Continue ReadingThe Eleventh Circuit held that prison officials generally may not conduct strip searches of civilian visitors without reasonable suspicion that the visitor is concealing contraband. The court also held that qualified immunity did not protect...
Continue ReadingWe head to the Fourth Circuit to examine the recent and consequential ruling in United States v. Johnson. This case serves as a critical exploration of Fourth Amendment boundaries, specifically regarding the distinction between protected curtilage...
Continue ReadingThis episode of the Guardian Mindset Podcast with Attorney Eric Daigle breaks down the Supreme Court’s Case v. Montana decision and what it means for welfare checks, mental health calls, and warrantless entry into a...
Continue ReadingThe Fourth Amendment draws its sharpest line at the front door of a home, but that line is often blurred as modern policing increasingly intersects with mental health crisis response and the need to render emergency aid....
Continue ReadingThe United States Court of Appeals for the Sixth Circuit recently released a decision in United States v. Radaker-Carter, a case that considers suggestiveness regarding reliability and admissibility of police identification procedures. This case highlights that...
Continue ReadingThe 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...
Continue ReadingFor years, “positional asphyxia” has been the buzzword. However, the data is shifting. This conversation pivots toward metabolic acidosis, which is a physiological crisis that occurs when the body’s chemistry turns toxic during a prolonged...
Continue Reading
