ELEVENTH CIRCUIT UPHOLDS FRISK DURING CARETAKING ENCOUNTER By Brian S. Batterton, J.D. On April 10, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Simmons[i], in which the court examined whether an officer acted reasonably under the [...]
On March 12, 2019, the Eleventh Circuit Court of Appeals decided Jackson v. McCurry[i], in which the court examined whether school officials were entitled to qualified immunity for a warrantless search of a student’s cellphone as well as prohibiting the [...]
On March 15, 2019, the Ninth Circuit Court of Appeals decided the United States v. Korte[i], in which the court examined how various Fourth Amendment protections apply to a parolee. The relevant facts of Korte, taken directly from the case, [...]
On March 8, 2019, the Fifth Circuit Court of Appeals decided Morrow et al. v. Meachum[i], in which the court examined whether an officer was entitled to qualified immunity from suit when he maneuvered his police SUV into the path [...]
On March 6, 2019, the Court of Appeals of Georgia decided the State v. Lee[i], in which the court examined whether law enforcement officers are required to give a detained co-occupant/defendant an opportunity to object to the officers' entry into [...]
On March 13, 2019, the Sixth Circuit Court of Appeals decided Cruise-Gulyas v. Minard et al.[i], in which the court examined whether an officer violated the First and Fourth Amendments when he stopped a driver for giving him “the bird.” [...]
On February 27, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Burwell[i], in which the court examined whether the district court erred when it granted a motion to suppress in a vehicle consent search case. The [...]
On February 14, 2019, the Sixth Circuit Court of Appeals decided Naselroad v. Mabry[i], in which the court examined whether plainclothes officers were entitled to qualified immunity for a warrantless search and officer involved shooting that began as a knock [...]
On February 8, 2019, the Fifth Circuit Court of Appeals decided the United States v. Richmond[i], in which the court examined whether tapping on the outside of a vehicles tire, to determine if the tire was concealing any objects inside, [...]
On February 14, 2019, the Seventh Circuit Court of Appeals decided the United States v. Adkinson[i], in which the court examined whether the Fourth Amendment was violated when T-Mobile conducted two cell tower dumps, searched cell site location information and [...]