Topic

Fourth Amendment - Search & Seizure

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

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9th Cir. 8:21-cr-00062-PA-1 Unpublished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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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9th Cir. 6:22-cv-00496-MO Unpublished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 1 2026

6th Cir. 25-1629 Published

LATOYA AARON, as Legal Guardian of Derek Aaron an Incompetent Individual v. DARREN KING; EDWARD PAWLOWSKI; EUGENE FIELDER, Officers

The Sixth Circuit reversed the denial of qualified immunity for officers who used force to handcuff a large suspect actively resisting arrest for violent felonies. The court held that no clearly established law prohibited the officers' actions because the suspect's physical defiance created a unique factual context not covered by prior precedent.

Civil Rights - Section 1983 Criminal Fourth Amendment - Search & Seizure Qualified Immunity

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Mar 31 2026

4th Cir. 23-4423 Panel Decision

UNITED STATES OF AMERICA v. AMANDA MARIE TOSTADO

The Fourth Circuit vacated a defendant's sentence because the written judgment imposed a warrantless-search condition that was materially broader than the condition orally announced at sentencing. The court held that the oral pronouncement controls and that the discrepancy required resentencing to ensure the defendant was not bound by unannounced terms.

Criminal Fourth Amendment - Search & Seizure Supervised Release

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Mar 31 2026

5th Cir. 25-40424 Per Curiam

United States of America v. Jesus Arturo Conchas-Mancilla

The Fifth Circuit affirmed the denial of a motion to suppress cocaine found in a vehicle, holding that a drug-detection dog's repeated alerts provided probable cause for the search. The court clarified that an instinctive alert, distinct from a trained indication, can establish probable cause when viewed under the totality of the circumstances.

Constitutional Fourth Amendment - Search & Seizure

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Mar 30 2026

9th Cir. 3:20-cr-03419-TWR-1 Unpublished

UNITED STATES OF AMERICA v. KEVIN ANDRE BARNES

The Ninth Circuit affirmed the denial of a motion to suppress text messages, ruling that the government's one-year retention of a defendant's cellphone was reasonable under the Fourth Amendment. The court held that the prompt initial seizure, pandemic-related delays, and the defendant's failure to request the device's return outweighed the duration of the hold.

Constitutional Fourth Amendment - Search & Seizure

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Mar 27 2026

5th Cir. 25-10545 Panel Decision

Ira Darlina Baker v. Richard Keith Coborn; Michael Joseph McHugh

The Fifth Circuit affirmed the denial of qualified immunity for officers who fired at a fleeing vehicle after it began moving away from the scene. The court held that under clearly established law, no reasonable officer could believe such shots were justified once the suspect vehicle accelerated.

Civil Civil Rights - Section 1983 Fourth Amendment - Search & Seizure Summary Judgment

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