On June 20, 2016, the Tenth Circuit Court of Appeals decided Mayfield v. Bethards et al. [i], which discusses whether animals are considered property protected by the Fourth Amendment.  The relevant facts of Mayfield, taken directly from the case, are as follows: According to the Complaint, the deputies saw the Mayfields' dogs Suka and Majka lying in the front yard of the Mayfields' private residence in Halstead, Kansas, on July 13, 2014. The deputies exited their vehicle and entered the Mayfields' unfenced front yard to approach the dogs. In the Complaint, the Mayfields allege a witness observed that although neither dog acted aggressively, [...]

On July 19th, 2016, the Eighth Circuit Court of Appeals decided Shultz v. Buchanan et al. [i] , which serves as an excellent review of the law pertaining to home entry based on exigent circumstances and use of force under the Fourth Amendment. The relevant facts of Shultz, taken directly from the case, are as follows: On March 20, 2011, Buchanan was dispatched to Shultz's residence in response to a citizen complaint that a man had trespassed on the citizen's property and attempted to start a fight. Before Buchanan arrived at Shultz's home, Shultz and his friend, William Vaughn, had [...]

On July 6, 2016, the Sixth Circuit Court of Appeals decided Rucinski v. County of Oakland et al. [i] , in which the Sixth Circuit examined whether the shooting of an armed mentally ill man was reasonable under the Fourth Amendment. The relevant facts of Rucinski, taken directly from the case, are as follows: Jeremy Rucinski suffered from multiple mental-health conditions, including bipolar disorder, schizophrenia, and paranoid behavior. On the afternoon of January 6, 2013, Rucinski approached his girlfriend Rebecca Vandenbrook in the bedroom of their home and asked her for his cigarettes. Vandenbrook refused to disclose the location of [...]

On July 7, 2016, the Court of Appeals of Georgia decided the State v. Jung [i], which in which the court of appeals upheld a trial court’s grant of a motion to suppress because of a lack of actual consent to the breath test due to level of intoxication of the defendant. The relevant facts of Jung, taken directly from the case, are as follows:: [T]he record shows that at approximately 4:30 a.m. on October 2, 2014, the Gwinnett County Police Department responded to a motor vehicle accident on Dublin Ridge Trail in Duluth. The responding officer observed one vehicle with significant rear-end [...]

On May 5th, 2016, the Fourth Circuit Court of Appeals decided Lee v. Bevington et al. [i], which serves as an excellent review of the law pertaining to when deadly force is reasonable under the Fourth Amendment.  The relevant facts of Lee, taken directly from the case, are as follows: On July 14, 2010, officers of the Richmond Police Department ("RPD") arrived at Fleming's family home in Richmond, Virginia, to execute a warrant for Fleming's arrest on charges of robbery and use of a firearm in the commission of a felony. Fleming was also suspected of being involved in a homicide and home [...]

On May 19, 2016, the Court of Appeals of Georgia decided Whitfield v. State [i], which serves as instructive concerning the law related to law enforcement officers conducting warrantless searches of probationer’s residences. The relevant facts of Whitfield, taken directly from the case, are as follows: [T]he evidence shows that in 2013, Whitfield entered a negotiated guilty plea to selling methyenedioxy methamphetamine and was sentenced to five years of probation. As one of the terms of his probation, Whitfield agreed to a Fourth Amendment waiver. Specifically, Whitfield agreed to submit to search of person, residence, papers, vehicle, and/or effects at any time of [...]