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Case Law Blog


Armed With a Baseball Bat, But Not an Imminent Threat: Tenth Circuit Denies Qualified Immunity in Fatal Police Shooting
Vision Bank v. Avery, No. 25-6140 (10th Cir. Oct. 13, 2026) TL;DR The Tenth Circuit affirmed the denial of qualified immunity to an Oklahoma police officer who fatally shot a man holding an aluminum baseball bat during a civil standby. Although the man was intoxicated, verbally confrontational, armed with a potentially deadly weapon, and failed to comply with repeated commands to put the bat down, the court concluded that a reasonable jury could find that he did not pose an i
6 days ago10 min read


Three Houses Away: FBI Raids the Wrong Home, and the Eleventh Circuit Reverses Qualified Immunity
Martin v. United States, No. 23-10062 (11th Cir. Oct. 7, 2026) TL;DR An FBI SWAT team conducting an early-morning operation against a suspected gang member mistakenly raided an innocent family's home, three houses away from the intended target and on an entirely different street. Agents forced entry, detonated a flashbang grenade, and handcuffed an occupant before realizing they had entered the wrong residence. The SWAT team leader blamed his personal GPS device for directing
Oct 1611 min read


When Pretext Matters: Seventh Circuit Suppresses 15 Kilograms of Cocaine After Sham Commercial-Vehicle Inspection
United States v. Martinez, No. 24-1890 (7th Cir. July 7, 2026) TL;DR An Illinois State Police K-9 trooper received information from another law-enforcement agency that a specific semitruck was transporting a large quantity of narcotics. The trooper was not on routine patrol. He called another K-9 trooper, and the two waited along the interstate for at least 30 minutes for the truck to arrive. When it appeared, the trooper stopped it—not based on a traffic violation or reasona
Oct 149 min read


One Taser Deployment, a Fatal Fall, and Qualified Immunity: The Fifth Circuit Draws the Line Between Passive and Active Resistance
Navejas v. City of El Paso, No. 25-51061 (5th Cir. Oct. 8, 2026) United States Court of Appeals for the Fifth Circuit Affirmed — Summary judgment in favor of the officer and municipality. TL;DR The Fifth Circuit upheld qualified immunity for an El Paso police officer who deployed his Taser once against a 70-year-old man suffering from dementia and Alzheimer's disease during a domestic violence investigation. Although the man died after falling following the deployment, the co
Oct 119 min read


Smell of Marijuana, Traffic-Stop Timing, and Frisks: Fourth Circuit Upholds Gun Seizure
United States v. Carson, No. 25-4200 (4th Cir. July 8, 2026) TL;DR Police stopped a vehicle because the driver had a suspended license. Within seconds of arriving, another officer smelled marijuana coming from the vehicle and then observed a digital scale with white residue inside. Officers searched the vehicle and ordered the occupants out. One passenger, Jermaine Carson, was frisked. During the frisk, Carson told the officer he had a gun, and officers recovered a loaded Glo
Sep 268 min read


Your Phone at the Border: Fourth Circuit Says Manual Searches Require No Suspicion
United States v. Belmonte Cardozo, No. 25-4239 (4th Cir. July 13, 2026) TL;DR A traveler arriving at Washington Dulles International Airport from Bolivia was stopped for a customs inspection. A CBP officer asked him to unlock two iPhones. He complied. The officer manually opened the photo galleries, navigated to the phones’ hidden-photo folders, and discovered illegal images within approximately two minutes. The defendant moved to suppress, arguing that the significant privac
Sep 226 min read


The Stop Behind the Stop: Eighth Circuit Upholds Narcotics Investigation Built Around a Pretext Traffic Stop
United States v. Drayton, No. 24-2519 (8th Cir. July 13, 2026) TL;DR Police investigating a suspected methamphetamine trafficker watched him engage in what appeared to be multiple drug transactions throughout the day. Later, officers saw another person place a bag into his vehicle. An officer involved in the surveillance followed the suspect onto the interstate, observed him hit the fog line three times, and initiated a traffic stop. While the stopping officer was still proce
Sep 198 min read


When a “Voluntary Encounter” Becomes a Seizure: 4th Cir. Suppresses Gun After Officers Blocked Parked Car
United States v. Williams, No. 24-4512 (4th Cir. July 7, 2026) TL;DR Police received an anonymous 911 report that a light-skinned male with braids was sitting in a white Mercedes near an apartment-complex pool and “appears to be making drug transactions.” Two officers responded in separate marked police vehicles. The officers intended to make a voluntary encounter. But instead of parking in available spaces, they simultaneously stopped their patrol vehicles in the roadway, wi
Sep 69 min read


Words Are Not Resistance: Sixth Circuit Denies Qualified Immunity for Force Following Verbal Confrontation
Steger v. Willis, No. 25-6006 (6th Cir. July 21, 2026) TL;DR Police responded to a theft complaint and encountered the suspect standing behind an iron gate on his own front porch. The encounter became heated. The suspect refused to provide identification, told officers to get off his property, and ultimately yelled, “Fuck you!” at one of the officers. According to the plaintiff’s version of events—which the court was required to accept at the qualified-immunity stage—the offi
Aug 316 min read


Can a Suspect Retreat Into His Home to End a Terry Stop?
Hayat v. Diaz, No. 25-1235 (4th Cir. Aug. 20, 2026) TL;DR Police received a priority kidnapping call after an eyewitness reported seeing a man put three children into the trunk of a vehicle. Officers traced the vehicle to Fareed Hayat's home and approached him while he and his wife were outside. The encounter initially was consensual. But after officers questioned Hayat about the reported kidnapping, he refused to answer certain questions, prevented his wife from continuing t
Aug 2711 min read


You Can Film the Police Station — But That Doesn't End the Fourth Amendment Analysis
Massimino v. Benoit, No. 25-1104 (2d Cir. Aug. 17, 2026) TL;DR The Second Circuit held that the First Amendment protects the right to record law enforcement activity in public, including publicly visible areas of a police station from a public sidewalk. But that did not mean officers were prohibited from investigating the person doing the recording. Recording a police station, standing alone, was not enough to establish reasonable suspicion. Here, however, additional circumst
Aug 238 min read


Officers Don't Lose the Automobile Exception Just Because They Could Have Gotten a Warrant
United States v. Randle, No. 25-2278 (7th Cir. July 29, 2026) TL;DR The Seventh Circuit held that officers who had already developed probable cause through a controlled drug investigation were authorized to search a suspect's vehicle under the automobile exception—even though they had enough time beforehand to obtain a search warrant. The court also reaffirmed that a properly conducted traffic stop is not unlawfully prolonged when officers continue working on the traffic miss
Aug 54 min read


A K-9 Alert Doesn't Become Invalid Just Because No Drugs Are Found: U.S. 7th Cir. Affirms Firearm Conviction
United States v. Banks, No. 24-2227 (7th Cir. June 30, 2026) TL;DR The Seventh Circuit upheld a firearm conviction after rejecting multiple Fourth Amendment challenges arising from a traffic stop. The court held that officers had reasonable suspicion for the initial stop, did not unlawfully prolong the detention while the driver attempted to obtain updated insurance information, and lawfully searched the vehicle after a certified drug-detection dog alerted—even though no narc
Jul 255 min read


Pennsylvania Rejects the Open Fields Doctrine: State Supreme Court Holds Warrantless Searches of Posted Private Land Violate the State Constitution
Punxsutawney Hunting Club, et al. v. Pennsylvania Game Commission, No. 23 WAP 2023 (Pa. July 21, 2026) TL;DR In one of the most significant Fourth Amendment-related decisions of 2026, the Pennsylvania Supreme Court held that Article I, Section 8 of the Pennsylvania Constitution does not permit warrantless searches of posted or enclosed private lands under the federal Open Fields Doctrine. In doing so, the court expressly overruled its 2007 decision in Commonwealth v. Russo an
Jul 226 min read


53 Taser Cycles, Neck Restraint, & Death: 10th Cir. Rejects Monell Claim Despite Criminal Conviction of Officers
Lakey v. Bryant, No. 25-7068 (10th Cir. July 7, 2026) TL;DR The Tenth Circuit affirmed judgment in favor of an Oklahoma sheriff following the death of Jared Lakey, who died after being tased 53 times over approximately nine minutes by municipal officers before an assisting sheriff's deputy applied a lateral vascular neck restraint (LVNR). Although the individual municipal officers were ultimately found civilly liable for excessive force and guilty in the criminal proceeding,
Jul 196 min read


Split-Second Decisions and Qualified Immunity: Fifth Circuit Affirms QI Despite No Time to Comply with Commands
Searles v. City of Houston, No. 25-20383 (5th Cir. July 9, 2026) TL;DR The Fifth Circuit affirmed qualified immunity for a Houston police officer who fatally shot a felony suspect less than two seconds after ordering him to "show me your hands." Although the court acknowledged the suspect had essentially no opportunity to comply with the command, it held that no clearly established law prohibited the officer's actions under the highly specific facts confronting him. The Fact
Jul 165 min read


When a TASER Becomes Deadly Force: A $100 Million Mistake
The Eleventh Circuit reminds officers that it's not always the weapon—it may be the environment that determines whether force is constitutionally "deadly." Over the past decade, courts have routinely described conducted energy weapons (CEWs), commonly referred to as TASERs, as intermediate force, not deadly force. That classification has shaped countless use-of-force decisions and training programs. But as every use-of-force instructor knows, no force option exists in a vacuu
Jul 125 min read


When Mental Illness Meets an Active Shooter: The Fourth Circuit Draws the Line on ADA Liability
Morgan v. City of Charlotte, No. 23-1748 (4th Cir. June 29, 2026). TL;DR The Fourth Circuit affirmed summary judgment for officers who shot a mentally ill man after he repeatedly threatened neighbors, fired what appeared to be a real handgun into a residential neighborhood, and refused commands to disarm. The court held that the use of deadly force was objectively reasonable under the Fourth Amendment and that the City did not violate the ADA because officers made reasonable
Jul 85 min read


Knock, Announce... But Don't Expect Suppression: Florida Supreme Court Rewrites Search Warrant Law
State v. Times, No. SC2024-0647 (Fla. June 25, 2026) TL;DR In a major shift in Florida search-and-seizure law, the Florida Supreme Court held that evidence will no longer be suppressed solely because officers violate Florida's statutory knock-and-announce requirement while executing a valid search warrant. In doing so, the Court expressly overruled its 2010 decision in State v. Cable, aligning Florida with the United States Supreme Court's decision in Hudson v. Michigan. Why
Jul 53 min read


No, the Supreme Court Did Not Ban Geofence Warrants: What It Actually Held—and What It Didn't
Chatrie v. United States, 609 U.S. ___ (2026) TL;DR The Supreme Court held that law enforcement conducts a Fourth Amendment search when it compels Google to disclose a user's historical Location History data through a geofence warrant. The Court concluded that individuals maintain a reasonable expectation of privacy in this highly detailed location information, despite Google's possession of the data. Importantly, however, the Court did not decide whether the geofence warrant
Jul 16 min read
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