Normally, the Fourth Amendment requires that law enforcement officers obtain a warrant in order to enter a person’s residence.  However, there are exceptions to this rule such as consent and exigent circumstances, such as protection of life, to prevent the destruction of [...]

On October 4, 2013, the Eleventh Circuit Court of Appeals decided Jenkins v. Gaither et al. [i], which serves as an excellent review of the law pertaining to an officer liability when making a warrantless arrest.  The facts of Gaither, taken directly from [...]

On April 14, 2014, the Third Circuit Court of Appeals decided the United States v. White [i], which serves as an excellent review of the law pertaining to protective sweeps of residences incident to the arrest of an occupant.  The facts of White, [...]

In 2000, the United States Supreme Court, in Florida v. J.L [i], held that an anonymous tip that a person possesses a gun, standing alone, does not provide sufficient reasonable suspicion to justify a stop and frisk.  Based on this, the court [...]

On March 17, 2014, the Supreme Court of Georgia decided the State v. Hargis [i], in which one of the issues was whether certain evidence that was seized from a vehicle should be excluded as a violation of the search incident to [...]

Read Part I of This Article Here Knock and talks are often used by law enforcement officers to attempt to further an investigation where information immediately known may be short of probable cause.  On February 10, 2014, the Eighth Circuit [...]

On April 11, 2014, the Sixth Circuit Court of Appeals decided Pierce et al. v. Springfield Township, Ohio [i] which serves as an excellent explanation of the law as it pertains to a police officer’s duty to provide medical aid and/or allow [...]

When law enforcement officers restrict a person’s freedom of movement, the officer has seized that person under the Fourth Amendment.  At times, firefighters will also restrict a person’s movement, sometimes against that person’s will, for the purpose of providing medical [...]

At times, law enforcement officers will be involved in shootings and it is later learned or alleged that the suspect never actually pointed his firearm at the officer(s).  Plaintiffs and the media often raise this issue and argue that the [...]

On February 27, 2014, the Eighth Circuit Court of Appeals decided the United States v. Holleman [i], which serves as an excellent review of several constitutional issues that face law enforcement officers on a regular basis, such as justification for traffic stops, [...]