On February 27, 2023, the Second Circuit Court of Appeals decided Friend v. Gasparion[i], in which the court examined whether an officer violated the First and Fourth Amendments when he arrested a man for holding a sign warning of a police traffic enforcement operation.  The relevant facts of Friend are as follows: On April 12, 2018, the Stamford Police Department conducted a distracted-driving enforcement operation near the intersection of Hope and Greenway Streets in Stamford. The officers ticketed drivers for violations of Connecticut General Statutes § 14-296aa(b), which prohibits "using a hand-held mobile telephone" or "mobile electronic device" to "call" [...]

On February 13, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Nicholl[i], which is instructive regarding the effect of officers charging a person with the wrong offense.  The relevant facts of Nicholl are as follows: In the early morning of August 16, 2020, Nicholl was pulled over in his Dodge Challenger and arrested by Atlanta Police Department officers for "laying drag," in violation of O.C.G.A. § 40-6-251, after he engaged the "line lock" feature of his car and burned out his rear tires while stopped in traffic. A search incident to arrest revealed a gun in Nicholl's [...]

On February 13, 2023, the Seventh Circuit Court of Appeals decided the United States v. Banks[i], which serves as excellent review of the law related curtilage, the home and the Fourth Amendment.  The relevant facts of Banks are as follows: Jeremy Banks posted the video of the gun within arm's reach on the evening of April 8, 2021. Colton Redding, a Springfield police officer, saw the post, recognized Banks's voice, and knew him to be a convicted felon. Officer Redding gathered a group of colleagues and, within minutes of seeing the video, headed to Banks's home. Upon arriving the officers [...]

Officers are often asked to witness private property owners, store managers, or security personnel as they issue criminal trespass warnings to people who have violated a rule of the business.  While it’s fine for officers to do this, they should be mindful that constitutional requirements still apply to the officer’s actions during the issuance of the criminal trespass warning. This was illustrated in McCall v. Jacobitz[i], in which the Ninth Circuit Court of Appeal examined whether officers were entitled to qualified immunity when they kept a man detained in handcuffs after they determined he had not committed a crime, so [...]

On February 7, 2023, the Fourth Circuit Court of Appeals decided Sharpe v. Winterville Police Dep’t[i], in which the court examined whether the police violate the First Amendment when they stop a person from livestreaming video of a traffic stop.  The relevant facts of Sharpe are as follows: Officer Myers Helms of the Winterville Police Department tried to stop passenger Dijon Sharpe from livestreaming his own traffic stop. Sharpe started streaming to Facebook Live shortly after the car he was riding in was pulled over. Officer Helms noticed this activity and attempted to take Sharpe's phone, reaching through Sharpe's open car [...]

On June 14, 2022, the Fifth Circuit Court of Appeals decided Salazar v. Molina[i], in which the court examined whether a deputy, who had just been involved in a high-speed vehicle pursuit with Salazar, used excessive force in violation of the Fourth Amendment, when he Tased Salazar, who, after he stopped his car, exited the vehicle on his own accord and laid down on the ground.  The relevant facts of Salazar are as follows: Around 2:00 a.m. on March 1, 2014, a Zapata County sheriff's deputy tried to pull over Juan Carlos Salazar for speeding. Instead of stopping, Salazar accelerated [...]