On April 25, 2024, the Seventh Circuit Court of Appeals decided the United States v. Ostrum[i], in which the court of appeals examined whether a person in possession of a stolen vehicle had standing under the Fourth Amendment to contest the warrantless search of the vehicle.  The relevant facts of Ostrum are as follows: The investigation into Dylan Ostrum began after law enforcement agents executed a search warrant at the Indianapolis home of Ricky Blythe. While Ostrum was not on the investigators' radar before the search of Blythe's home, that quickly changed. Agents found numerous text messages between Blythe and [...]

In 2021, the Sixth Circuit Court of Appeals decided Tucker v. Marquette Cty.[i], in which the court of appeals was faced with the issue of whether a deputy violated the Fourth Amendment when he shot an angry, non-compliant, suicidal man, who was walking toward the officer, holding a shotgun pointed at the ground.  The relevant facts of Tucker are as follows: On the morning of June 9, 2016, Clifford Tucker called his doctor's office complaining about severe back and shoulder pain and threatening to commit suicide. The office called the Marquette County Sheriff's department, which dispatched Deputy Keith Romback to Tucker's [...]

On February 26, 2024, the Fifth Circuit Court of Appeals decided Grisham v. Valenciano[i], which is instructive regarding legalities in dealing with armed protestors.  The relevant facts of Grisham are as follows: Grisham and Everard are self-styled "Second Amendment protestors" who had been involved in several protests advocating for the repeal of a City ordinance that governs the unauthorized carrying of loaded firearms. This case arises out of their arrests on March 27, 2018. Prior to this date, the Olmos Park Police Department had received calls from dispatch on numerous occasions and was aware of several Second Amendment demonstrations happening throughout [...]

From the United States Supreme Court Martin, Individually and as Parent and Next Friend of G.W., a Minor, ET AL., v. United States ET AL. 2025 U.S. LEXIS 2281 (6/12/2025) Procedurally, this Case has NO impact on Local Law Enforcement and only applies to Federal Law Enforcement.   The facts suggest that hitting the wrong house with a warrant as well as force used during the execution in such a circumstance may be actionable by a plaintiff as many lower courts have concluded.  The United States Supreme Court outlined the facts of the law enforcement event as follows: In the predawn [...]

In 2016, the Fifth Circuit Court of Appeals decided Griggs v. Brewer[i], which serves as an excellent review of the law related to excessive force and punches.  The relevant facts of Griggs are as follows: Officer Charley Brewer conducted a routine traffic stop of a vehicle driven by Tanner Griggs after Griggs ran a red light around 2:00 a.m. on September 4, 2013. A video and audio recording from Officer Brewer's dashboard camera captured most of the incident. Officer Brewer smelled alcohol and suspected that Griggs might be intoxicated, so he asked Griggs to exit the vehicle and conducted a [...]

In 2018, the Fifth Circuit Court of Appeals decided Cadena v. Ray[i], which serves as an excellent review of the law related to excessive force.  The relevant facts of Cadena are as follows: [The] evidence in this case consists of two videos, one recorded by Cadena on his cell phone and one taken by a nearby security camera. As Cadena filmed his wife's arrest for public intoxication in a hotel lobby, an officer, who later gave an affidavit stating that "Cadena smelled of intoxicants, had bloodshot eyes, [and] was unsteady on his feet," ordered Cadena to leave the lobby and wait [...]