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Fourth Amendment - Search & Seizure

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

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Civil 2084 Criminal 1218 Summary Judgment 466 Sentencing Guidelines 413 Civil Rights - Section 1983 395 Immigration (Civil) 354 Constitutional 350 Supervised Release 285 Drug Trafficking 272 Firearms 213 Civil Rights - Employment 204 Intellectual Property 159
Apr 13 2026
4th Cir. 24-2237 Panel Decision

JEFFERY PAYNE v. SGT. JOSHUA MOSER

The Fourth Circuit vacated summary judgment in a Fourth Amendment excessive force case, holding that genuine disputes of material fact exist regarding the reasonableness of a vehicle ramming and shooting. The court ruled that a reasonable jury could find the force used was not objectively justified given the suspect was unarmed and the circumstances did not pose an immediate threat.

Civil Civil Rights - Section 1983 Fourth Amendment - Search & Seizure Qualified Immunity
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Apr 8 2026
10th Cir. 2:23-CR-00915-MIS-1) Panel Decision

UNITED STATES OF AMERICA v. JESUS CORONADO

The Tenth Circuit affirmed the denial of a motion to suppress evidence, holding that a lessee's general consent to search a unit for a suspect extended to the unit's roof. The court found officers lawfully seized a firearm from the roof under the plain-view doctrine because the search remained within the scope of that consent.

Constitutional Fourth Amendment - Search & Seizure Habeas Corpus - Federal Prisoner (28 USC 2255)
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Apr 6 2026
5th Cir. 25-40187 Per Curiam

United States v. Spencer

The Fifth Circuit affirmed Robert Spencer's convictions for possessing a firearm and an explosive device, ruling that police actions were justified by exigent circumstances. The court further held that any potential Fourth Amendment violation was attenuated from the evidence under the doctrine established in Utah v. Strieff.

Constitutional Fourth Amendment - Search & Seizure
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Apr 6 2026
10th Cir. 1:23-CV-01108-DDD-JPO Panel Decision

Morphew v. Chaffee County, Colorado

The Tenth Circuit affirmed the dismissal of Barry Morphew's civil rights lawsuit, ruling that he failed to plausibly allege a lack of probable cause for his arrest and prosecution. The court held that the arrest affidavit contained sufficient evidence of motive, means, and opportunity to support the murder charges, regardless of the alleged misconduct by investigators.

Civil Rights - Section 1983 Criminal Drug Trafficking Fourth Amendment - Search & Seizure
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Apr 3 2026
5th Cir. 25-50222 Per Curiam

United States v. Swift

The Fifth Circuit affirmed the denial of a motion to suppress evidence found on a microSD card, ruling that the subsequent warrant search was constitutional under the good faith exception. The court held that an officer's reliance on the warrant was objectively reasonable because the legality of the school district's initial search was unclear.

Constitutional Fourth Amendment - Search & Seizure
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Apr 3 2026
6th Cir. 25-3323 Published

JOHN PETSCHE v. JERRY N. HRUBY; DAVID J. MATTY; GERALD F. BROSKI; LOUIS N. CAROUSE, JR.; LAURA REDINGER; KIMBERLY VERAS; CITY OF BRECKSVILLE, OHIO

The Sixth Circuit affirmed summary judgment for city officials, ruling that a former council member failed to prove his prosecution was retaliatory because he lacked probable cause to rebut the presumption of validity arising from a grand jury indictment. The court held that the official's undisclosed financial interest in a public contract negated any First Amendment protection, regardless of the government's motive.

Civil Civil Rights - Employment Civil Rights - Section 1983 Fourth Amendment - Search & Seizure
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Apr 2 2026
9th Cir. 6:22-cv-00496-MO Unpublished

ROBIN R. GILLILAND v. Linn County Deputy EASON; Linn County Deputy LEDERER; Linn County Deputy Lt D. RANDALL

The Ninth Circuit reversed summary judgment on Gilliland's Eighth Amendment excessive-force claim against Deputy Eason, finding a genuine dispute of material fact regarding force used during transport. The court affirmed judgment for all other claims, including those against Deputy Lederer and Lieutenant Randall, while remanding the excessive-force claim for trial.

Civil Civil Rights - Section 1983 Fourth Amendment - Search & Seizure Qualified Immunity
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Apr 2 2026
8th Cir. 24-3261 Panel Decision

Michael Cunningham v. Trooper Amanda Kahler

The Eighth Circuit affirmed the denial of sovereign immunity against a state superintendent in his official capacity, ruling that Missouri law does not waive immunity for prospective relief regarding expunged records. The court held that while the state cannot be sued for damages, the superintendent remains subject to suit to prevent future dissemination of expunged convictions that lead to unlawful arrests.

Civil Civil Rights - Section 1983 Fourth Amendment - Search & Seizure Qualified Immunity
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Apr 2 2026
10th Cir. 5:24-CV-00235-R) Panel Decision

DERRICK DUANE BARKER v. CITY OF WEATHERFORD EX REL WEATHERFORD POLICE DEPARTMENT; RYAN HETHERINGTON; SEAN LANIER; NORMANDO GUYTON; DYLAN OWENS; DEREK BECK; CHASE MURLEY; JUSTIN...

The Tenth Circuit affirmed summary judgment for police officers in a Fourth Amendment excessive force case, holding they were entitled to qualified immunity. The court found the officers' use of force was objectively reasonable because the plaintiff remained actively resistant even after being tased.

Civil Civil Rights - Section 1983 Fourth Amendment - Search & Seizure Qualified Immunity
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Apr 2 2026
9th Cir. 8:21-cr-00062-PA-1 Unpublished

UNITED STATES OF AMERICA v. CHRISTIAN MICHAEL RINER

The Ninth Circuit affirmed Christian Riner's conviction for possessing ammunition as a prohibited person, rejecting his Second Amendment challenges under controlling precedent. The court also upheld the admissibility of evidence seized during a vehicle inventory search, deferring to the district court's finding that the search was not pretextual.

Criminal Fifth Amendment - Self-Incrimination Firearms Fourth Amendment - Search & Seizure
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