On December 28, 2020, the Third Circuit Court of Appeals decided the United States v. Registe[i], in which the court examined whether used excessive force during an officer involved shooting.  The relevant facts of Registe, taken directly from the case, are as follows: [A]t approximately 10:15 p.m. on May 18, 2018, Registe was in his parked car near a bar. Law enforcement personnel were also near the bar investigating a report that people were smoking marijuana around several businesses. Officer Ecedro Lindquist of the Virgin Islands Police Department approached Registe's car, which had heavily tinted windows. After shining his flashlight in [...]

On December 23, 2020, the Eighth Circuit Court of Appeals decided McElree v. City of Cedar Rapids et al.[i], in which the court examined whether police used excessive force during an officer involved shooting.  The relevant facts of McElree, taken directly from the case, are as follows: In October 2015, Investigators Brandon Boesenberg and Bryson Garringer were conducting surveillance in a Walgreens parking lot. The officers sat in an unmarked vehicle to avoid detection. Part of their stakeout included electronically tracking purchases of pseudoephedrine in the area. The officers noticed a pickup truck in the back of the parking lot. [...]

On November 13, 2020, the Fourth Circuit Court of Appeals decided the United States v. Brinkley[i], which is instructive regarding the Fourth Amendment requirements to enter a private residence under Payton to execute an arrest warrant.  The facts of Brinkley are as follows: In February 2017, a federal-state task force in Charlotte, North Carolina, sought to execute outstanding arrest warrants. J.A. 113. Brinkley, then subject to an arrest warrant for unlawfully possessing a firearm as a convicted felon, was among the targets. J.A. 111. A. A. Bureau of Alcohol, Tobacco, and Firearms (ATF) Special Agent Jason Murphy oversaw the operation. [...]

On November 25, 2020, the D.C. Circuit Court of Appeals decided the United States v. Lea[i], which serves as an excellent review of the law related to consensual encounters and Miranda.   In Lea, Metropolitan Transit Police Officer’s Woods and Wooley saw a male, later identified as Lea, sitting in a bus stop shelter.  Nobody else was in the immediate vicinity.  They smelled the odor of marijuana and observed that Lea was smoking a hand-rolled cigarette.  The officers, who wore plain-clothes, displayed their badges and asked Lea what he was smoking.  Lea replied, “some weed.”[ii]  The officers then searched Lea and [...]

On November 25, 2020, the Eleventh Circuit Court of Appeals decided the United States v. Trader[i], in which the court examined whether the third-party doctrine allows law enforcement to obtain internet protocol (IP) addresses and email account information without a warrant.  The facts of Trader are as follows: For years, Scott Trader recorded videos of himself sexually abusing his daughters and distributed the videos on the internet. The abuse occurred while one daughter was a preteen and the other was a toddler. When abusing his own children was not enough, Trader used messaging apps to send child pornography to other [...]

On November 11, 2020, the Fifth Circuit Court of Appeals decided the United States v. Beaudion[i], in which the court examined whether a person had standing to challenge the constitutionality of search warrant to obtain the cell phone GPS location information of his companion.  The facts of Beaudion are as follows: During a narcotics investigation by the Monroe Police Department ("MPD"), multiple drug dealers and cooperating witnesses identified Beaudion and Davis as their suppliers. One witness informed MPD Officer Heckard that Beaudion and Davis were planning to drive from Houston to Monroe with four pounds of meth. The witness then called [...]