Police Canine Free-Air Sniffs and the Fourth Amendment
CAN INSTINCTIVE ACTIONS OF A POLICE CANINE DURING A FREE-AIR SNIFF VIOLATE THE FOURTH AMENDMENT? In 2018, the Eighth Circuit Court of Appeals decided United States v. Pulido-Ayala[i], in which the court examined if a sniff of a vehicle by a canine violated the Fourth Amendment when the canine jumped into the car during the sniff. The facts, taken directly from the case, are as follows: The incident in question occurred after the Missouri Highway Patrol and Lafayette County Drug Task Force set up a ruse checkpoint to investigate drug trafficking on Interstate 70. Immediately before an exit ramp, law [...]
False Names, Drug Packages, and Fourth Amendment Privacy
DOES A PERSON INVOLVED IN A DRUG CONSPIRACY HAVE A REASONABLE EXPECTATION OF PRIVACY IN A PACKAGE BEARING A FALSE NAME SENT TO SOMEONE ELSE’S ADDRESS? On June 17, 2025, the Third Circuit Court of Appeals decided United States v. King[i], in which the court examined whether a person involved in a drug conspiracy possesses a reasonable expectation of privacy under the Fourth Amendment in a package sent to someone else’s residence under a false name. The facts, taken directly from the case, are as follows: On October 4, 2019, Pennsylvania State Police ("PSP") were advised by a confidential informant [...]
Traffic Stop After Registered Owner Mismatch: United States v. Behrens
TAG CHECK SHOWS FEMALE REGISTERED OWNER HAS SUSPENDED LICENSE BUT DRIVER IS A MALE – CONTINUE TO DETAIN OR IMMEDIATELY RELEASE? On July 28, 2025, the Eighth Circuit Court of Appeals decided United States v. Behrens[i], in which a deputy stopped a car because a tag check revealed that the female registered owner of the vehicle had a suspended driver’s license, but as the deputy approached the car, he observed that a male was driving. The court of appeals examined whether the deputy violated the Fourth Amendment when he continued to detain the driver and passenger after noticing the driver [...]
Eleventh Circuit: Marijuana Odor Supports Vehicle Search
DRIVER ARGUED THAT ODOR OF MARIJUANA DID NOT PROVIDE PC FOR SEARCH BECAUSE SMELL OF HEMP IS INDISTINGUISHABLE On July 11, 2025, the Eleventh Circuit Court of Appeals decided United States v. Green[i], in which a driver disputed whether there was probable cause to search his vehicle for several reasons, one of which was that the odor of marijuana and hemp are indistinguishable, and hemp is legal where the search occurred. The facts, taken directly from the case, are as follows: On the evening of November 16, 2022, Officer Christopher Brown with the Homewood Police Department observed a vehicle without [...]
Hernandez v. Sheriff of Manatee County: False Arrest Analysis
ELEVENTH CIRCUIT EXPLAINS REQUIREMENTS OF A FALSE ARREST CLAIM On July 14, 2025, the Eleventh Circuit Court of Appeals decided Hernandez v. Sheriff of Manatee Cnty[i], which serves as an excellent review of the law related to false arrest. The facts, taken directly from the case, are as follows: From August 2019 to May 2020, Manatee County Sheriff's Office deputies arrested Hernandez four times—once in August 2019, once in January 2020, once in April 2020, and once in May 2020… The April 2020 Arrest A week after the charge was abandoned, on April 22, 2020, Hernandez was arrested, again, for [...]
OFFICERS ARE NOT EXPECTED TO BE “LEGAL TECHNICIANS”
OFFICERS ARE NOT EXPECTED TO BE “LEGAL TECHNICIANS”, THEY MUST BE REASONABLE BASED ON TOTALITY OF THE CIRCUMSTANCES On July 14, 2025, the Eleventh Circuit Court of Appeals decided Johnston v. Carlson[i], which serves as an excellent review of the law related to false arrest and arguable probable cause. The facts, taken directly from the case, are as follows: In November 2022, Nicole Johnston ("Nicole")—Johnston's wife at the time—obtained a domestic violence injunction against him. The couple were amid divorce proceedings, and the injunction prohibited Johnston from (1) contacting Nicole, (2) approaching within 500 feet of her residence, and (3) knowingly [...]