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Fourth Amendment

Even though the appellate court held the subject was not seized, the court noted that the troopers had reasonable suspicion to detain her on suspicion of drug trafficking
Court rules that troopers had independent lawful bases to stop a defendant for a traffic violation and investigate drug trafficking based on collective knowledge doctrine
Surely it would be utter foolishness to ignore a person walking up to a school with a rifle slung on her back and a handgun and other items on a gun belt. Here’s what a court had to say
An action that may be perceived as “mean,” yet doesn’t violate a clearly established constitutional right, will not lead to liability for an officer
The best practice: Avoid a custodial arrest for misdemeanors not committed in the officer’s presence
The court held that “a reasonable person would distinguish between a spotlight and red and blue emergency lights in considering whether the person was free to leave or otherwise terminate the encounter”
Officers transported family members to the police station without consent or probable cause for interview while victim died at the hospital
Philadelphia officers had removed a vehicle’s passenger for safety concerns during a traffic stop and found a loaded pistol
Justice Jackson’s district court opinions and orders provide an example of her jurisprudential work related to law enforcement
The court held that the officers acted to “satisfy legitimate law enforcement objectives”
Court refused to dismiss county liability allegation that sheriff tacitly authorized pattern of unlawful bean bag deployment
In 2021 the Supreme Court affirmed long-standing truisms that protect the home and that qualified immunity review is not a shield against unconstitutional conduct
The “mosaic theory” will certainly become a more common argument advanced by defendants as police expand the use of technology in gathering evidence
Justice Barrett is protective of privacy rights and has authored two 7th Circuit opinions wherein she held for the defendant in search and seizure cases
The court’s holding in this case is very narrow: A person driving a rental car beyond the rental period who is on notice does not have an expectation of privacy in the car’s location
Being told to f-off or anything similar may be evidence of poor breeding, but is also the burden of today’s public servants
The 2014 calendar brought us five significant cases which impact officers’ understanding of Fourth Amendment limits, both in its extension and restrictions
What’s reasonable and unreasonable when it comes to cell phone searches and privacy is often the sticky wicket cops find themselves in — enter the Supreme Court
While the home is still sacred constitutional ground — a threshold not to be trespassed upon by the government without a warrant supported by probable cause — exceptions do exist
Nicholas George sought to sue three Transportation Security Administration agents and two FBI agents over the August 2009 stop at Philadelphia International Airport, saying they violated his free speech rights and conducted an improper search
The person’s fundamental desire and Constitutional right to be left alone must be balanced against an officer’s responsibility and mission to interdict crime