CAN A PRIVATE COMPANY DOING WORK NORMALLY DONE BY THE GOVERNMENT BE SUED FOR VIOLATING THE FOURTH AMENDMENT?
On January 28, 2025, the Eleventh Circuit Court of Appeals decided Smith v. City of Johns Creek[i], in which plaintiffs sued a private company, Lifeline Animal Project, Inc., which provides animal control services to the city, for violating their rights under the Fourth Amendment. The relevant facts of Smith, taken directly from the case, are as follows: Defendant Lifeline Animal Project, Inc. is a Georgia corporation that, at least as of mid-2020, was under contract with Fulton County to provide animal control services. In June 2020, an unspecified Lifeline employee went to the joint residence of Plaintiffs Dwight, Catherine, and Bryant [...]
DEPUTY GRANTED QUALIFIED IMMUNITY FOR ACCIDENTALLY SHOOTING SUSPECT
On January 2, 2025, the Tenth Circuit Court of Appeals decided Hernandez v. Norton[i], which serves as an excellent review of the law related to accidental shootings. The relevant facts of Hernandez, taken directly from the case, are as follows: In March 2021, an Elbert County Colorado deputy was traveling on Highway 86 when he noticed a white Ford F-350 speeding in the opposite direction. The truck had no license plates. The deputy turned around and pursued the truck, ultimately finding the vehicle parked in a nearby industrial park. The truck was locked and unoccupied. The deputy ran the truck's vehicle [...]
SEARCH INCIDENT TO ARREST AND INEVITABLE DISCOVERY
On December 30, 2024, the Fourth Circuit Court of Appeals decided the United States v. Wilder[i],which serves as an excellent review regarding search incident to arrest and inevitable discovery. The relevant facts of Wilder, taken directly from the case, are as follows: These proceedings arise from Wilder's arrest on March 9, 2022, at the Marco Polo Pizzeria in Myrtle Beach, South Carolina. On that occasion, officers of the Myrtle Beach Police Department (the "MBPD") —including Officer Mohammad Channani — detained and arrested Wilder and his female companion, Ireyhanna Sinkler. Five days earlier, on March 4, 2022, the MBPD had issued [...]
DOES HANDCUFFING DURING A TRAFFIC STOP CONVERT THE STOP INTO A DE-FACTO ARREST?
On December 30, 2024, the Ninth Circuit Court of Appeals decided the United States v. In[i], which serves as an excellent review regarding the use of handcuffs during traffic (or Terry) stops. The relevant facts of In, taken directly from the case, are as follows: On the evening of March 4, 2020, Las Vegas Metropolitan Police Department ("LVMPD") Enforcement Bike Squad Officers Haley Andersen, Daniel Diaz, and Timothy Nye engaged in a traffic stop on bicycle near Las Vegas Boulevard ("the Strip") in Las Vegas, Nevada. Officers Andersen, Diaz, and Nye saw a car with a taillight out and a California [...]
OFFICERS SUED FOR WARRANTLESS HOME ENTRY AND EXCESSIVE FORCE RESPONDING TO CALL OF EMOTIONALLY DISTURBED PERSON
On December 26, 2024, the Eighth Circuit Court of Appeals decided Dimock v. City of Brooklyn Ctr.[i], which serves as an excellent review regarding home entry and the use of deadly force. The relevant facts of Dimock are as follows: On August 31, 2019, Erwin B. Heisler called 911, saying that his grandson had threatened him with a knife and hammer. After answering questions for about one minute, Heisler hung up, saying "Oh, forget it." From dispatch, officers learned that a 21-year-old man was fighting with his grandfather, that he had a hammer and a knife, and that Heisler called [...]
Supreme Court Case: Case v Montana
From the United States Supreme Court Officers do not need Probable Cause to Enter a Home when Entering due to a Belief that an Occupant is in Peril. In such Cases, the Standard for Entry is an “objectively reasonable basis for believing” that an occupant faces serious danger.[1] Case v. Montana, 2026 U.S. LEXIS 432 (1/2026). The United States Supreme Court outlined the facts facing law enforcement as follows: This case began with an alarming phone call—from petitioner William Case to his ex-girlfriend J. H., both residents of a small town in Montana. Case told J. H. on the call that [...]