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Fourth Amendment - Search & Seizure

Every decision we've filed under Fourth Amendment - Search & Seizure.

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Civil 3399 Criminal 1956 Summary Judgment 806 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Immigration (Civil) 646 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251
Mar 2 2026
10th Cir. 4:21-CV-00026-DN-PK) Panel Decision

DANYALE BLACKMORE and VINCENT BLACKMORE v. JARED CARLSON; ERIC DEMILLE; HURRICANE CITY and LA-NORMA RAMIREZ; WASHINGTON COUNTY

The Tenth Circuit affirmed the district court's summary judgment on an unlawful seizure claim because the appellant failed to challenge one of three independent alternative grounds supporting the ruling. The court also affirmed the dismissal of an excessive force claim, holding that the law was not clearly established at the time of the incident.

Constitutional Fourth Amendment - Search & Seizure Qualified Immunity Summary Judgment
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Feb 19 2026
11th Cir. 1:22-cr-20557-BB-1 Published

UNITED STATES OF AMERICA v. JAVIER HERNANDEZ

The Eleventh Circuit affirmed Javier Hernandez's convictions for migrant smuggling, transporting stolen vessels, and money laundering. The court held that the government's extraction of cell phone data after a warrant's expiration date was lawful under Federal Rule of Criminal Procedure 41 and that the evidence was sufficient to support the jury's verdict.

Criminal Fourth Amendment - Search & Seizure Money Laundering Robbery & Extortion
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Jan 14 2026
U.S. Sup. Ct. 24-624 Unanimous

Case v. Montana

The Supreme Court clarified that the Fourth Amendment permits warrantless home entries for emergency aid when officers have an objectively reasonable basis to believe someone needs help, rejecting a probable cause requirement. The Court affirmed a conviction for assaulting an officer after police entered a home to prevent a suspected suicide based on a 911 call and visible evidence.

Constitutional Fourth Amendment - Search & Seizure
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Feb 26 2025
2nd Cir. 23-903 Panel Decision

Uviles v. City of New York

The Second Circuit affirmed that the City of New York lawfully detained a parolee pursuant to a warrant that remained facially valid despite the expiration of the statutory deadline for a preliminary hearing. The court held that New York law requires municipal authorities to honor outstanding parole warrants until the state board of parole lifts them, regardless of procedural delays in the state's internal hearing process.

Civil Rights - Section 1983 Constitutional Fourth Amendment - Search & Seizure Habeas Corpus - General (28 USC 2241)
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Dec 30 2024
9th Cir. 2:20-cr-00095- Published

UNITED STATES OF AMERICA v. LARRY SENG IN

The Ninth Circuit reversed a district court's suppression order, ruling that handcuffing a suspect during a traffic stop did not constitute an unlawful de facto arrest. The panel held that officers had a reasonable basis to fear for their safety given an unsecured firearm and the suspect's uncooperative demeanor.

Criminal Fifth Amendment - Self-Incrimination Firearms Fourth Amendment - Search & Seizure
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Nov 17 2023
9th Cir. 21-352 Published

JOSE MARIA ZUNIGA DE LA CRUZ v. MERRICK B. GARLAND, Attorney General

The Ninth Circuit affirmed the denial of a petition for review, holding that Miranda warnings and the exclusionary rule do not apply in civil immigration removal proceedings. The court rejected the petitioner's argument that an administrative arrest warrant transformed the civil nature of the proceeding into a criminal one.

Civil Fifth Amendment - Self-Incrimination Fourth Amendment - Search & Seizure Immigration (Civil)
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