Topic
Every decision we've filed under Fourth Amendment - Search & Seizure.
The Fifth Circuit reversed the denial of summary judgment, holding that a deputy's brief push and pull of a mother at a school constituted de minimis force insufficient to violate the Fourth Amendment. Because the force used was nominal, the deputy is entitled to qualified immunity and the plaintiffs' federal and state law claims must be dismissed.
The Fourth Circuit affirmed the dismissal of a federal inmate's Bivens action alleging inadequate medical care and excessive force, holding that no implied private right of action exists for these claims against federal prison officials. The court ruled that the plaintiff's allegations presented a new context distinct from Supreme Court precedent and that special factors counseled against extending Bivens remedies in this domain.
The Ninth Circuit affirmed Robert Charles Kay's conviction for possession of controlled substances with intent to distribute. The court held that the warrantless search of Kay's vehicle was constitutional under the plain view doctrine and the automobile exception to the Fourth Amendment.
The Ninth Circuit affirmed the denial of a motion to suppress evidence, ruling that an officer's opening of a driver's door was reasonable to ensure safety and facilitate communication. Even assuming the door opening was unlawful, the court held that probable cause for a vehicle search was independently established by a second officer detecting marijuana odor.
The Fourth Circuit affirmed the denial of qualified immunity for a police officer who used deadly force against a man holding a hatchet, ruling that the force was objectively unreasonable under the totality of the circumstances. The court held that the officer violated clearly established Fourth Amendment rights because the suspect posed no immediate threat and was fleeing when shot in the back.
The Tenth Circuit affirmed the conviction for possession of child pornography, holding that officers did not violate the Fourth Amendment when seizing a suspect's phone during a roadside stop. The court ruled that the stop was lawful under Terry v. Ohio, independent of the search warrant's execution.
The Ninth Circuit affirmed Henry Konah Koffie's drug trafficking convictions, ruling that constitutional errors at trial were harmless due to overwhelming independent evidence of guilt. The court addressed issues involving the Confrontation Clause, Fourth Amendment suppression, and the denial of a Franks hearing.
The Tenth Circuit affirmed the denial of a motion to suppress evidence found in a home, ruling that the exclusionary rule does not apply even if a search warrant contained a clerical error in the street name. The court held that deputies objectively relied in good faith on a warrant issued by a neutral magistrate, meaning suppression would not deter police misconduct.
The Tenth Circuit affirmed the dismissal of Adrian Livingston's Section 1983 claims, ruling that his post-acquittal detention was justified by good-faith reliance on an inaccurate detention system. The court rejected arguments regarding malicious prosecution, statute of limitations, and supervisory liability, finding no constitutional violations or policy failures by the county.
The Sixth Circuit affirmed RICO and VICAR convictions for three MS-13 members, rejecting challenges to a protective sweep, jury selection, and expert testimony. The court held that the evidence sufficiently supported the gang-related murder conspiracy charges and that the district court did not abuse its discretion in its evidentiary rulings.