Fourth Amendment

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