On April 10, 2014, the Tenth Circuit Court of Appeals decided the United States v. Chavez, which serves as an excellent review of the law pertaining to intrusion into curtilage to execute an arrest warrant.  The facts of Chavez, taken directly from the case, are as follows: On April 27, 2011, Officer Brett Miller of the Taylorsville Police Department met with a confidential informant ("CI"). The CI told Miller he was "very familiar" with Chavez and knew there was a warrant for his arrest. He told Miller that Chavez was a member of the "Diamond Street" gang and went by [...]

Excessive force cases are typically very fact specific as to whether the officers’ actions were reasonable under the Fourth Amendment.  As such, it is instructive to look at specific facts of excessive force case to glean insight as to what type of force may be considered “reasonable” in certain circumstances.  On February 26, 2014, the Eleventh Circuit Court of Appeals decided Flowers v. City of Melbourne et al. [i], which is instructive regarding the use of force to make an arrest.  The facts of Flowers are as follows: Albert Flowers is a sixty-six year old man whom family members described as having mental problems [...]

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 evidence, and hot pursuit.  On October 3, 2013, the Third Circuit Court of Appeals decided the United States v. Wood [i] which serves as an excellent review of law that pertains to warrantless entry into private premises based upon the exigent circumstance of protection of life.  The facts of Wood are as follows: On November 14, 2009, at around 1 a.m., Officer [...]

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 the case, are as follows: John Jenkins consumed a single beer with dinner between 6:00 and 6:30 p.m. on October 13, 2009. Around 10:00 p.m., Jenkins drove home through Butts County, Georgia. Wil Smith, an off duty officer of the Department of Natural Resources officer and a peace officer in Georgia, observed Jenkins driving slowly through Smith's neighborhood. Because he [...]

In May of 2014, a probationary deputy with the Bay County, MI Sheriff’s Office receives a $480,000 settlement after filing his lawsuit claiming First Amendment retaliation was the cause of his dismissal. In November of 2013, a probationary corrections officer in Yellowstone County, MT receives a $100,000settlement after filing her lawsuit claiming sexual harassment and disability discrimination. In March of 2013, a probationary officer in North Las Vegas, NV receives a $115,000 settlement after filing her lawsuit claiming retaliation under the Fair Labor Standards Act (FLSA). In 2008, a probationary officer in South Gate, CA receives a $1 Million settlement in his lawsuit claiming racial discrimination, among other claims. These aforementioned summary figures do not include the [...]

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, taken directly from the case, are as follows: In the early morning of April 12, 2012, Pennsylvania State Police Troopers James John Hoban, Jr. and Travis Hill were radioed from their dispatch station about a potential domestic disturbance between a father and his daughter. The dispatch supervisor stated "something to the effect of" someone "under the influence of drugs or [...]