Can Law Enforcement Still Use Geofence Warrants after Chatrie?
So long as the warrant satisfies the Fourth Amendment Probable Cause and Partic [...]
Can Hawaii Enforce an Unconstitutional State Law Based on a Popularity Contest?
The Hawaii law at issue here violates the constitutional right to keep and bear [...]
Is it Unlawful to Possess a Firearm if a Person Admits to Using Marijuana Every Other Day?
But the government’s analogy fails under every measure it asks us to consider: [...]
Are Two Suspects who Flee from a Vehicle at the Arrival of a Police Officer at 2 a.m. Suspicious?
Not according to one federal circuit court. District of Columbia v. R.W. 608 [...]
Can Law Enforcement Enter a Home Without a Warrant or Consent to Prevent Suicide?
An officer may enter a home without a warrant [or consent] if he has “an object [...]
When Does a Use of Force Analysis Begin?
As we have explained, a court cannot thus “narrow” the totality-of-the-circumst [...]
Can a Suspect be Searched when there is a Possible, yet Unverified Warrant?
Since it is the fact of custodial arrest which gives rise to the authority to s [...]
Can a State Limit the Right for a Person to Carry a Firearm?
[T]he government must affirmatively prove that its firearms regulation is part [...]
Can Law Enforcement be Civilly Liable for Filing a Criminal Charge Due to a Lack of Probable Cause on One Charge Even Though there was Probable Cause on Another Charge?
[T]he bringing of one valid charge in a criminal proceeding should not categori [...]
Can a Person Successfully Sue Law Enforcement for a Miranda Violation?
NO! A violation of Miranda does not necessarily constitute a violation of the C [...]