SEVENTH CIRCUIT DISCUSSES QUALIFIED IMMUNITY WHERE OFFICERS MISTAKENLY BELIEVE SUSPECT POINTED A GUN On September 26, 2025, the Seventh Circuit Court of Appeals decided Pam v. City of Evansville,[i] in which the court of appeals examined whether officers were entitled [...]
SEARCHES OF STUDENTS AND THE FOURTH AMENDMENT On September 30, 2025, the Sixth Circuit Court of Appeals decided Johnson v. Mount Pleasant Pub. Schs.,[i] in which the court examined whether a school official who conducted two searches of a student, [...]
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 [...]