On May 2, 2023, the Tenth Circuit Court of Appeals decided the United States v. Porter[i], which serves as excellent review of the law related abandonment, or denial of ownership of personal property, and its impact on Fourth Amendment protection. [...]
On April 4, 2023, the Fourth Circuit Court of Appeals decided Franklin v. City of Charlotte[i], in which the court examined whether an officer was entitled to qualified immunity when she shot a person who was following commands to drop [...]
On April 4, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Hollingsworth[i], which is instructive regarding the legal standard to effect an involuntary mental health committal. The relevant facts of Hollingsworth are as follows: On April [...]
On April 10, 2023, the Seventh Circuit Court of Appeals decided Berger v. Wood Cnty.[i], which serves as excellent review of the law related false arrest and consent to search under the Fourth Amendment. The relevant facts of Berger are [...]
On April 5, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Williams[i], which serves as excellent review of the law related to handcuffing a driver during a traffic stop. The relevant facts of Williams are as [...]
On April 7, 2023, the Eleventh Circuit Court of Appeals decided Lucibella v. Town of Ocean Ridge[i], which serves as excellent review of the law related to the curtilage of residence and it’s extent of Fourth Amendment protection. The relevant [...]
On February 17, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Russell[i], which serves as an excellent review of the law pertaining to traffic stops, the Fourth Amendment and inevitable discovery. The relevant facts of Friend [...]
On February 27, 2023, the Second Circuit Court of Appeals decided Friend v. Gasparion[i], in which the court examined whether an officer violated the First and Fourth Amendments when he arrested a man for holding a sign warning of a [...]
On February 13, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Nicholl[i], which is instructive regarding the effect of officers charging a person with the wrong offense. The relevant facts of Nicholl are as follows: In [...]
On February 13, 2023, the Seventh Circuit Court of Appeals decided the United States v. Banks[i], which serves as excellent review of the law related curtilage, the home and the Fourth Amendment. The relevant facts of Banks are as follows: [...]