On June 19, 2018, the Eleventh Circuit Court of Appeals decided Cozzi v. City of Birmingham et al.[i], in which the court discussed the legal principals involved in a Fourth Amendment false arrest suit.  The relevant facts of Cozzi are as follows: On two consecutive days, a man demanding narcotics robbed a Walgreens pharmacy and attempted to rob a Rite Aid pharmacy. In both instances, the perpetrator wore a partial face mask and handed the pharmacy technician a note that said he was a bomb specialist carrying explosives. At the Walgreens, the man acquired two pill bottles, containing a total [...]

On May 7, 2018, the Supreme Court of Georgia decided Caffee v. State[i], in which the court discussed whether, based upon the odor of marijuana during a traffic stop, an officer may conduct a warrantless search of an occupant if a search of the vehicle does not reveal the source of the odor. The relevant facts of Caffee, taken directly from the case, are as follows: [O]n November 1, 2015, Deputy Mark Patterson pulled over Caffee's truck for having an expired tag. During the stop, Deputy Patterson smelled the odor of raw marijuana coming from Caffee's truck. Deputy Patterson testified [...]

On May 1, 2018, the Eleventh Circuit Court of Appeals decided the United States v. Richardson[i], in which the court examined whether statements made by the defendant were admissible and whether information received from court order for cell phone geographical information were admissible under the Fourth Amendment. The relevant facts of Richardson are as follows: In 2011, Judge Corrigan sentenced Appellant to time served and three years of supervised release for an unrelated offense. The sentence affected Appellant's enrollment at a university, so he sought to end the supervised release. But Judge Corrigan denied the request. Appellant's troubles then began [...]

On May 14, 2018, the Sixth Circuit Court of Appeals decided the United States v. Herrera[i], in which serves as a review of the law pertaining to questioning of driver’s during traffic stops.  The relevant facts of Herrera are as follows: On July 19, 2016, Herrera was traveling eastbound on I-40 when he was pulled over by West Tennessee Drug Task Force Special Agent Shawn Crouch, ostensibly for impeding traffic in the left lane, in violation of Tenn. Code Ann. § 55-8-115(a). Crouch activated his body camera as he initiated the traffic stop. The footage begins with Crouch describing Herrera's [...]

On May 14, 2018, the Sixth Circuit Court of Appeals decided Newell v. Wayne County[i], in which the court discussed when intentionally false statements in a warrant affidavit could impose civil liability under the Fourth Amendment.  The relevant facts of Newell are as follows: Newell was the Wayne County jail's Internal Compliance Manager until her firing in May 2012 for misconduct and lying in an internal affairs investigation. She did not go quietly. Newell insisted to multiple Wayne County Sheriff's Department (WCSD) staff that she was the victim of a "set up" and accused WCSD Executive Chief Eric Smith of [...]

On May 9, 2018, the Eleventh Circuit Court of Appeals decided Montanez v. Carvajal[i], in which the court examined whether it was reasonable under the Fourth Amendment to conduct a warrantless search of a residence that officers suspected had just been burglarized.   The relevant facts of Montanez are as follows: On a springtime afternoon in 2011, Officer Todd Raible of the Volusia (Florida) County Sheriff's Office was driving his unmarked patrol car through a neighborhood that had been experiencing a rash of daytime burglaries. As he drove, Raible, a property-crimes investigator who knew all about the recent uptick in theft, [...]