On October 26, 2021, the Fourth Circuit Court of Appeals of decided Trail v. Cressell[i], which serves as an excellent review of the law related to malicious prosecution under the Fourth Amendment.  The relevant facts of Trail are as follows: In September 2013, a CI contacted Inv. Cressell and Virginia State Police Special Agent Michael Carter, Cressell's colleague on the regional drug task force, stating that the CI could purchase Diazepam, which the CI referred to as "Nerve Pills," from a female who lived on Case Knife Road in Pulaski, Virginia. (Dep. of David Cressell 15:25-17:24, Mar. 12, 2020 [ECF [...]

On October 21, 2021, the Fifth Circuit Court of Appeals of decided Irwin v. Santiago[i], in which the court examined whether officers that shot at a fleeing suspected drunk driver were entitled to qualified immunity.  The relevant facts of Irwin are as follows: On June 8, 2018, Irwin was driving under the influence of alcohol and marijuana in Garland, Texas, when, after being distracted by his girlfriend's children in the backseat, he ran off the road, hit a tension wire, and drove a short distance into a cemetery enclosed by a chain-link fence.[ii] After coming to a stop, Irwin reversed [...]

On October 19, 2021, the Fourth Circuit Court of Appeals decided the United States v. Moats[i], in which the court examined whether it was lawful for the police to seize a gun from a third party at residence where they were serving a probation violation warrant.  The relevant facts of Moats are as follows: Officers went to a residence to arrest a woman for whom there was an outstanding warrant for a probation violation. After receiving consent to search the home, they found the woman in the basement. She and Moats were asleep, side-by-side, in an oversized chair. The officers attempted [...]

On October 1, 2021, the Tenth Circuit Court of Appeals of decided the United States v. Komsonekeo[i], which serves as an excellent review of the law as it pertains to the expanding the scope of the traffic stop to investigate other criminal activity.  The relevant facts of Komsonekeo are as follows: Oklahoma Highway Patrol Trooper Brady Webb stopped Defendant for driving 76 miles per hour in a 70 mile-per-hour zone. While conducting the traffic stop, Webb observed what he believed to be suspicious items in the vehicle including a potent air freshener, numerous energy drinks, and multiple cell phones. Defendant [...]

On September 21, 2021, the Supreme Court of Georgia of decided Tidwell v. State[i], which serves as an excellent review of constitutional law as it pertains to exigent, warrantless entry into private premises. In Tidwell, on January 5, 2017, an anonymous caller contacted Forsyth County 911 and stated that he had seen a body at an abandoned mobile home about two hours prior.  The caller stated that the body was located by the back door of the residence and that it was wrapped in blankets. While the caller did not know the address of the mobile home, he gave a sufficient [...]

On September 7, 2021, the Eleventh Circuit Court of Appeals of decided Tillis v. Brown[i], which serves as an excellent review of constitutional law as it pertains to the use of deadly force after a high-speed chase when the driver threatens the officer with the vehicle.  The relevant facts of Tillis are as follows: Christian Redwine lived with Nancy Sorrells—his custodial grandmother—and Fred Levins in Columbus, Georgia. Levins was a car salesman and kept several vehicles at his home. One of these vehicles was a Pontiac G6. On the night of November 5, 2016, Redwine was at his home with [...]