FIFTH CIRCUIT GRANTS QUALIFIED IMMUNITY FOR POLICE IN SHOOTING OF CHILD BEING USED AS A HUMAN SHIELD WHILE SUSPECT SHOT AT OFFICERS On June 6, 2025, the Fifth Circuit Court of Appeals decided Estate of Parker v. Miss. Dept of [...]
EIGHTH CIRCUIT UPHOLDS SEARCH WARRANT OF HOTEL ROOM BASED PRIMARILY ON ODOR OF MARIJUANA EMANATING FROM ROOM On June 5, 2025, the Eighth Circuit Court of Appeals decided United States v. Tate[i], which serves as an excellent review of the [...]
CAN INSTINCTIVE ACTIONS OF A POLICE CANINE DURING A FREE-AIR SNIFF VIOLATE THE FOURTH AMENDMENT? In 2018, the Eighth Circuit Court of Appeals decided United States v. Pulido-Ayala[i], in which the court examined if a sniff of a vehicle by [...]
DOES A PERSON INVOLVED IN A DRUG CONSPIRACY HAVE A REASONABLE EXPECTATION OF PRIVACY IN A PACKAGE BEARING A FALSE NAME SENT TO SOMEONE ELSE’S ADDRESS? On June 17, 2025, the Third Circuit Court of Appeals decided United States v. [...]
TAG CHECK SHOWS FEMALE REGISTERED OWNER HAS SUSPENDED LICENSE BUT DRIVER IS A MALE – CONTINUE TO DETAIN OR IMMEDIATELY RELEASE? On July 28, 2025, the Eighth Circuit Court of Appeals decided United States v. Behrens[i], in which a deputy [...]
DRIVER ARGUED THAT ODOR OF MARIJUANA DID NOT PROVIDE PC FOR SEARCH BECAUSE SMELL OF HEMP IS INDISTINGUISHABLE On July 11, 2025, the Eleventh Circuit Court of Appeals decided United States v. Green[i], in which a driver disputed whether there [...]
ELEVENTH CIRCUIT EXPLAINS REQUIREMENTS OF A FALSE ARREST CLAIM On July 14, 2025, the Eleventh Circuit Court of Appeals decided Hernandez v. Sheriff of Manatee Cnty[i], which serves as an excellent review of the law related to false arrest. The [...]
OFFICERS ARE NOT EXPECTED TO BE “LEGAL TECHNICIANS”, THEY MUST BE REASONABLE BASED ON TOTALITY OF THE CIRCUMSTANCES On July 14, 2025, the Eleventh Circuit Court of Appeals decided Johnston v. Carlson[i], which serves as an excellent review of the [...]
MAN SHOOTS AT DEPUTIES IN BACKYARD THEN QUICKLY EXITS RESIDENCE THROUGH FRONT DOOR, UNARMED, IS SHOT AND SUES: WHO WINS? On July 10, 2025, the Eleventh Circuit Court of Appeals decided Heid v. Rutkoski[i], in which the court of appeals [...]
ICE Immigration Detainers: Legal Requirements and Liability for Local Law Enforcement The increase of immigration enforcement has led to questions regarding the enforcement of immigration detainers by city and county jails. This article will discuss various court precedents related to [...]