The Tenth Circuit Court of Appeals recently considered the scope of the Fourth Amendment protections in the context of a warrantless search not incident to arrest, and the applicability of the inevitable discovery exception to the Exclusionary Rule. In United States v. Braxton, the defendant was arrested on drug-related charges. Following the arrest, officers conducted […]
In United States v. Roper, the court dealt with the issue of reasonable suspicion in the context of a police officer stop and search. This case provides valuable insights for law enforcement officers, shedding light on the factors contributing to reasonable suspicion during a police stop. Roper was convicted and sentenced to a 105-month term
The Court of Appeals for the Second Circuit issued a decision in Friend v. Gasparino, a case that grapples with alleged violations of an individual’s First, Fourth, and Fourteenth Amendment rights following the arrest of citizen Michael Friend, for displaying a sign on a public sidewalk that warned drivers of a police operation ahead. Friend
In United States v. Batara-Molina, the Tenth Circuit Court of Appeals addressed the issue of whether a traffic stop was unlawfully prolonged for a canine sniff lacking reasonable suspicion, in violation of the Fourth Amendment.1 Summary Wyoming Deputy Eric Coxbill stopped Ian Batara-Molina’s vehicle for driving 49 mph in a 45-mph zone. As he approached
Traffic Stop Turmoil: Reasonable Suspicion Leads to Discovery of Illegal Drugs Read More »
In United States v. Leggette, the Fourth Circuit Court of Appeals evaluated whether the defendant, Dwayne Leggette, was subjected to custodial interrogation by police officers in a public park after hours, thereby necessitating the provision of Miranda warnings.1 The officers had discovered a firearm in a nearby trash can, and Leggette ultimately confessed to possessing
From Trespassing to Testimony: Unraveling Custody and Miranda Warning in Park Encounter Read More »
On June 27, 2023, the United States Supreme Court’s verdict on Counterman v. Colorado will likely send ripples through the legal landscape, offering critical guidance on First Amendment interpretation, ‘true threats,’ and protected speech. This article seeks to break down the Court’s decision and rationale, helping law enforcement officers grasp the ruling’s implications. Billy Counterman was found
Supreme Court Ruling on Navigating the Line Between True Threats and Free Speech Read More »
In the case of United States v. Banks, the Seventh Circuit Court of Appeals reviewed the issue of whether a law enforcement officer’s warrantless entry onto a convicted felon’s porch violated their Fourth Amendment rights.1 An officer was using his Snapchat social media when he came across a post by the defendant, a convicted felon
From Snapchat to Searches: Social Media Post Leads to Fourth Amendment Violation Read More »
Background In Hemry v. Ross, the Tenth Circuit Court of Appeals recently addressed the issues of false arrest and excessive force during an investigative stop when Yellowstone National Park Rangers mistook the identity of a family, believing that they were a wanted fugitive tied to the murders of three women.1 While the district court denied
High-Stakes Traffic Stop: When Guns, Fugitives, and Family Collide Read More »
United States v. John is a case that deals with search and seizure in relation to a trespasser’s supposed expectation of privacy.1 The district court denied the Defendant’s motion to suppress the evidence based on Fourth Amendment grounds, and the First Circuit Court of Appeals affirmed the judgment, holding that the denial to suppress was
First Circuit Finds No Expectation of Privacy for Trespasser’s Firearms Read More »
In a recent case from the Seventh Circuit Court of Appeals, Pierner-Lytge v. Hobbs, the court addressed the implications for law enforcement officers when confronted with a situation that involves the open carry of firearms in public spaces, public safety, and the Second Amendment right to bear arms. Pierner-Lytge was arrested by officers for disorderly
