On June 24, 2022, the Eleventh Circuit Court of Appeals decided the United States v. Clark[i], in which the court considered whether an officer who stopped behind but did not block, a parked car while activating his emergency lights was a consensual encounter or an investigative detention.  The relevant facts of Clark are as follows: Detective Carswell testified as follows. An officer broadcasted over the main police radio channel that, while investigating a burglary, he had observed a black male wearing a black hat, black shirt, and gray pants flee at the sight of the officer and run across I-85 [...]

On June 26, 2022, the Eleventh Circuit Court of Appeals decided Pinto v. Collier Cnty.[i], which serves as an excellent review of the law related to false arrest and excessive force.  The relevant facts of Pinto are as follows: Pinto and a group of twenty to twenty-five friends and family members were out celebrating Pinto's thirtieth birthday in Naples, Florida. At one point in the evening, they went to Mercato—an outdoor shopping center with several restaurants, bars, and clubs. At some point after midnight, the group sought to enter the Cavo Lounge, one of the bars in Mercato. Seeing a [...]

On May 18, 2022, the Sixth Circuit Court of Appeals decided the United States v. Whitley[i], in which the court discussed the reasonable suspicion required to expand a traffic stop into a drug investigation.  The relevant facts of Whitley are as follows: On September 25, 2019, Detective Jeffrey Woollam set up surveillance of a residence located at 5828 Ridgebrook Avenue in Kentwood, Michigan after receiving a tip from a confidential informant about activity concerning the sale of heroin from that location. Detective Woollam saw Whitley leave the surveilled residence and walk to a red car. According to Detective Woollam, Whitley [...]

On May 23, 2022, the Eleventh Circuit Court of Appeals decided the United States v. Jimenez-Shilon[i], in which the court considered whether the Second Amendment’s right to bear arms applied to illegal aliens.  The relevant facts of Jimenez-Shilon are as follows: Ignacio Jimenez-Shilon, an illegal alien from Mexico, lived in the United States for more than 20 years before his recent deportation. One afternoon in 2019, he drunkenly brandished a gun outside a taco stand in Tampa, Florida. He was arrested, and a grand jury charged him with one count of possession of a firearm by an illegal alien, in violation [...]

On May 26, 2022, the Eighth Circuit Court of Appeals decided the United States v. Noriega[i], which serves as an excellent review of the law related to when it is permissible to expand the scope of a traffic stop beyond the original purpose of the stop.  The relevant facts of Noriega are as follows: Noriega acted as a delivery driver for the conspiracy, transporting methamphetamine to Iowa. The district court attributed 22 pounds, or 9,620 grams, of actual or ice methamphetamine to Noriega that originated from a November 15, 2019, traffic stop. While Noriega was traveling through Colorado, Officer Michael Miller [...]

On May 24, 2022, the Eighth Circuit Court of Appeals decided the United States v. Gonzalez-Carmona[i], which serves as an excellent review of the law related to traffic stops and consent searches under the Fourth Amendment.  The relevant facts of Gonzalez-Carmona are as follows: Gonzalez-Carmona was driving a rental car on I-80 in Iowa when Deputy Brian Miller pulled her over for going 60 in a 55 mph zone. When he approached the car, Miller smelled an "overwhelming" scent of candles. He asked for identification, and Gonzalez-Carmona gave him a California license and the rental car agreement. She apologized for speeding [...]