On March 13, 2019, the Sixth Circuit Court of Appeals decided Cruise-Gulyas v. Minard et al.[i], in which the court examined whether an officer violated the First and Fourth Amendments when he stopped a driver for giving him “the bird.”  The relevant facts of Cruise-Gulyas, taken directly from the case, are as follows: Officer Minard pulled over Debra Cruise-Gulyas for speeding. He wrote her a ticket for a lesser violation, known as a non-moving violation. As she drove away, apparently ungrateful for the reduction, she made an all-too-familiar gesture at Minard with her hand and without four of her fingers [...]

On February 27, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Burwell[i], in which the court examined whether the district court erred when it granted a motion to suppress in a vehicle consent search case.  The facts of Burwell, although lengthy, are stated below in their entirety because consent search cases are very fact driven.   The facts, taken directly from the case, are as follows: The material facts of this case are undisputed. On September 16, 2016, at approximately 2:46 a.m., Anniston City Police Officer Josh Powers pulled over a black Chevrolet Tahoe that Burwell was [...]

On February 14, 2019, the Sixth Circuit Court of Appeals decided Naselroad v. Mabry[i], in which the court examined whether plainclothes officers were entitled to qualified immunity for a warrantless search and officer involved shooting that began as a knock and talk.  The relevant facts of Naselroad, taken directly from the case, are as follows: On October 7, 2013, Eric Miller was hunting deer on the property of Betsey and Larry Spengler in Winchester, Kentucky. Using a bow and arrow, he shot a deer that then escaped onto the neighboring Naselroad property. He searched for the deer but to no [...]

On February 8, 2019, the Fifth Circuit Court of Appeals decided the United States v. Richmond[i], in which the court examined whether tapping on the outside of a vehicles tire, to determine if the tire was concealing any objects inside, was a search under the Fourth Amendment.  The relevant facts of Richmond, taken directly from the case, are as follows: Texas State Trooper Manuel Gonzales was patrolling U.S. Highway 77 in south Texas when he saw a blue pickup Jennifer Richmond was driving. He drove alongside the truck and saw that the tires were "shaking," "wobbly," and "unbalanced." He was [...]

In July of this year the U.S. Circuit Court of Appeals, 4th Circuit, ruled that a Baltimore police civil settlement ‘gag order’ was a violation of the Plaintiff’s First Amendment Right.  Ms. Overbey called to report a burglary and ended up being arrested by the responding officers for assault, battery and resisting charges that were later dropped. The City settled with her for $63,000 that included a common ‘non-disparagement clause.’  When Ms. Overbey responded in the newspaper to negative reader comments, the City withheld half of her settlement. In a 2-1 decision, the 4th Circuit ruled, “We hold that the [...]

On February 14, 2019, the Seventh Circuit Court of Appeals decided the United States v. Adkinson[i], in which the court examined whether the Fourth Amendment was violated when T-Mobile conducted two cell tower dumps, searched cell site location information and provided that data to the FBI, after several of their stores were robbed.  The relevant facts of Adkinson, taken directly from the case, are as follows: Adkinson and others, in July 2015, robbed a T-Mobile phone store in Clarksville, Indiana, and then a Verizon store in Kentucky the next day. With handguns drawn, they stole approximately 100 cell phones and [...]