On March 4, 2022, the Eighth Circuit Court of Appeals decided the United States v. Mattox[i], in which the court examined whether a person who had been shot had a reasonable expectation of privacy in his hospital room and whether statements he made to the police were voluntary.  The relevant facts of Mattox are as follows: On September 22, 2018, police officers responded to a 911 call about gunshots at an apartment complex in St. Paul, Minnesota. The officers followed a fresh blood trail and found a loaded Desert Eagle .50-caliber semi-automatic pistol with blood on it and the hammer [...]

On June 21, 2023, the Court of Appeal of Florida (First District) decided Ortiz v. Dep’t of Corrections[i], in which the court examined whether, under the Florida Constitution, Ortiz had a right to use medical marijuana while being employed as a correctional officer. This case began in May of 2021, when the Department of Corrections, asked Ortiz, who was employed as a correctional officer, to submit to a random drug test.  Mr. Ortiz complied. He was notified that he tested positive for marijuana, and he presented his Florida issued qualifying patient identification card, which authorized him to use marijuana for [...]

On March 9, 2022, the Fourth Circuit Court of Appeals decided Henderson v. McClain[i], which serves as an excellent review of the law related to malicious prosecution, false arrest, retaliatory arrest and the effect of probable cause.  The relevant facts of Henderson are as follows: On October 15, 2018, as Appellant (Henderson, the Plaintiff) -- a 70 year old man suffering from several health conditions, including chronic obstructive pulmonary disease -- exited the Walmart, a store associate, Jeannette Wheeler ("Wheeler"), asked to see his receipt. Appellant refused, and Wheeler radioed for assistance, contending he threatened her. Appellee, who was wearing [...]

On March 21, 2022, the Eleventh Circuit Court of Appeals decided Giddens v. Brooks County[i], which serves as an excellent review of the law related to failure to intervene and frisks.  The relevant facts of Giddens are as follows: As Plaintiff was driving home "on a lonely highway," Plaintiff drove past Officer Frye, who was traveling in the opposite direction. Shortly after the cars passed each other, Officer Frye made a U-turn, activated his blue lights, and followed Plaintiff "with a high rate of speed." Officer Frye stopped Plaintiff's vehicle in front of Plaintiff's driveway. Officer Frye asked Plaintiff "in [...]

On March 14, 2022, the Seventh Circuit Court of Appeals decided the United States v. Ambriz-Villa[i], which serves as an excellent review of the law related the scope of traffic stops and requests for consent to search.  The relevant facts of Ambriz-Villa are as follows: Ambriz-Villa drove past Illinois State Trooper John Payton on I-57, where Trooper Payton was parked in his patrol car. Trooper Payton, who is specially trained in drug interdiction, made several observations about Ambriz-Villa's car which led him to suspect potential drug trafficking activity. When Ambriz-Villa's car crossed the solid white line on the shoulder of the [...]

On March 23, 2022, the Sixth Circuit Court of Appeals decided the United States v. Mason[i], which serves as an excellent review of the law related to the community caretaker function exception to the probable cause and warrant requirement under the Fourth Amendment.  The relevant facts of Mason are as follows: At around 2:40 pm on January 29, 2020, the Willoughby Hills Police Department received a call reporting that two unresponsive persons were slumped over in a vehicle parked by the pumps at a local gas station. The vehicle was not running, and a customer believed that its occupants had been [...]