On August 25, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Larson[i], which serves as an excellent review of the law related consensual encounters and reasonable suspicion.  The relevant facts of Larson are as follows: At about 10:30 p.m. on May 31, 2021, Lieutenant Rebecca Butscher saw Larson sitting next to a wheelchair and multiple bags on the side of West Newberry Road in Gainesville, Florida. Larson was eating food from a free food pantry that a church kept nearby. Butscher pulled over and turned on her vehicle's spotlight and emergency lights. She and Larson talked, and [...]

On July 24, 2023, the Court of Appeals of Georgia decided Rush v. State[i], which serves as excellent review of the law related canine sniffs and the permissible scope of a traffic stop.  The relevant facts of Rush are as follows: At approximately 1:30 p.m., Corporal Morgan caught up with Rush's vehicle and observed that it was being driven in the rain without illuminated headlights. Morgan activated his blue lights to initiate a traffic stop. Rush's vehicle did not stop right away, and Morgan had to turn on his siren before the vehicle finally pulled over. Morgan observed the driver [...]

On August 22, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Joins[i], which serves as an excellent review of the law related to search warrants, curtilage, and the automobile exception to the search warrant requirement.  The relevant facts of Joins are as follows: Federal and Florida-state law enforcement received a tip from a confidential informant that Joins was distributing methamphetamine from a mobile home on Sherman Avenue in Panama City, Florida. Based on this tip, law enforcement officers obtained a warrant to search the mobile home. The search warrant authorized the officers to "enter the [mobile home] premises [...]

On January 27, 2022, the Eighth Circuit Court of Appeals decided Baude v. Leyshock[i], which serves as an excellent review of the law related to riots, use of force, arrest, and supervisor liability under the Fourth Amendment. Part II of this article will cover Supervisor Liability and Subordinate Officer Liability.  Part I covered Unreasonable Seizure and Excessive Force.  The relevant facts of Baude are as follows: [B]etween 8:00 p.m. and 9:00 p.m., a handful of individuals broke windows and destroyed flowerpots on Olive Street in downtown St. Louis. There is no evidence or allegation that Baude was in any way [...]

On January 27, 2022, the Eighth Circuit Court of Appeals decided Baude v. Leyshock[i], which serves as an excellent review of the law related to riots, use of force, arrest, and supervisor liability under the Fourth Amendment. Part One of this article will address the claims for unreasonable seizure and excessive force.  The relevant facts of Baude are as follows: [B]etween 8:00 p.m. and 9:00 p.m., a handful of individuals broke windows and destroyed flowerpots on Olive Street in downtown St. Louis. There is no evidence or allegation that Baude was in any way involved in the destruction of property. [...]

On June 8, 2023, the Third Circuit Court of Appeals decided Fenico v. City of Philadelphia[i], which is instructive regarding the First Amendment rights of police officers. In Fenico, twelve City of Philadelphia police officers were disciplined regarding various posts on Facebook.  Some of the officers were terminated and some were given lengthy suspensions.  The officers were of various rank and assignments and most had between ten (10) and twenty-five (25) years of service.  Additional relevant facts, taken directly from the case are as follows: In 2019, the Plain View Project ("Plain View"), a nonprofit news organization, aggregated and published [...]