On August 30, 2024, the Tenth Circuit Court of Appeals decided Cuervo v. Sorenson[i], in which the court examined whether officers were entitled to qualified immunity in a suit that involved allegations of unreasonable search of a residence that was pursuant to a search warrant.  The relevant facts of Cuervo are as follows: Officers in and around Mesa County, Colorado were on the hunt for a stolen Sno-Cat—a large, tracked machine, 8' wide, 7'5" tall, and 16'3" long. They suspected Plaintiff's son had parked the Sno-Cat in Plaintiff's garage, so they rang her doorbell. Nobody answered, but at least one officer [...]

On July 24, 2024, the Sixth Circuit Court of Appeals decided the United States v. Sherrell[i], in which the court discussed whether an officer violated the Fourth Amendment when, in response to tip from an informant, he briefly detained a package at a FedEx shipping facility to investigate the circumstances of the shipment and then conducted a canine sniff of the package in a line-up.  The relevant facts of Sherrell are as follows: On February 21, 2019, at around 6:44 am, a [known] confidential informant contacted Detective Todd Gillilan on his cell phone. The CI told Gillilan about a suspicious [...]

On July 31, 2024, the Seventh Circuit Court of Appeals decided the United States v. Karmo[i], in which the court discussed the Stored Communications Act (SCA), exigent orders for cell-site location information (CSLI) and the Fourth Amendment.  The relevant facts of Karmo are as follows: In August 2020, severe civil disorder broke out in Kenosha, Wisconsin. During that period of unrest, Michael Karmo and Cody Smith drove from Missouri to Kenosha. On their way, they stopped in Waverly, Iowa, just after midnight on September 1 to meet with one of Karmo's friends. Karmo invited the friend to come with him [...]

On July 31, 2024, the Eleventh Circuit Court of Appeals decided the United States v. Rahmings[i], in which the court examined whether the defendant abandoned a backpack in a residence as he was fleeing the police.  The relevant facts of Rahmings are as follows: In October 2020, Rahmings was wanted under several felony arrest warrants for a shooting incident. Rahmings had been seen at a friend's house in Tampa, Florida, so law enforcement officials set up surveillance there hoping to catch and arrest him. Not long after, Rahmings showed up carrying a white backpack with a University of South Florida ("USF") [...]

Among the most important photographs that should be taken at an officer involved shooting investigation are photographs that depict visual perspectives. The visual perspective of every individual involved in or witnessing the event should be photographically documented. For example: The visual perspective representing the officer’s view looking toward the subject. The visual perspective of the subject looking back toward the officer. For any eyewitnesses who give accounts to the event - the perspective of each witness should be photo documented from the position where the witness is standing, looking in the direction that he or she claims to have [...]

On July 8, 2024, the Fifth Circuit Court of Appeals decided Verastique v. City of Dallas[i], in which the court examined whether the City of Dallas was liable for the actions of their officers during riots and mass arrests that occurred in 2020.  This article will discuss the plaintiffs’ allegation that the city had a policy on mass arrests that was unconstitutional on its face.  The relevant facts of Verastique are as follows: In 2020, major metropolitan areas were consumed by demonstrations following the release of a video depicting the well-known George Floyd incident in Minneapolis. Texas was not spared: [...]