Supreme Court to Reconsider Chevron
Armed with the account identifiers, the Federal Bureau of Investigation (FBI) sought search warrants requiring Facebook to disclose various records and voluntarily disclosed information.
Supreme Court to Consider Petition for Writ of Certiorari to Clarify the Parameters of an Excessive Force Claim
Armed with the account identifiers, the Federal Bureau of Investigation (FBI) sought search warrants requiring Facebook to disclose various records and voluntarily disclosed information.
D.C. Appeals Court: Post-Location Information on Social Media Is Not Private
Armed with the account identifiers, the Federal Bureau of Investigation (FBI) sought search warrants requiring Facebook to disclose various records and voluntarily disclosed information.
Fifth Circuit Limits Fourth Amendment Actions Involving Federal Employees
The U.S. Court of Appeals for the Fifth Circuit described the case as one presenting “a novel question involving two provisions within the Constitution: the U.S. Postal Service and the Fourth Amendment.”
Silberman’s Concurrence Offers FTCA Alternative Remedy Against Extending Bivens
Senior Circuit Judge Laurence Silberman for the U.S. Court of Appeals for the District of Columbia issued a separate opinion arguing for another path to reject future Bivens claims.
Fourth Circuit: Social Media Post Provides Reasonable Suspicion Despite No Other Suspicious Behavior
At the Winston-Salem Police Department, the “gang-unit,” monitors social media of confirmed gang members.
Supreme Court Holds 'Miranda' Violations Don't Confer a Right to Sue under §1983
Last week, in a 6-3 majority decision, the U.S. Supreme Court held that a law enforcement officer’s violation of Miranda does not provide a basis for a claim under 42 U.S.C. §1983.
Supreme Court: Malicious Prosecution Claims Don’t Require Showing Innocence
The Supreme Court held that a plaintiff bringing a claim of malicious prosecution for a Fourth Amendment violation under 42 U.S.C. §1983 only needs to show prosecution ended without a conviction.
Unanimous Supreme Court Holds FISA Doesn't Displace State Secrets Privilege
In a unanimous decision, the Supreme Court has reversed the Ninth Circuit’s decision, holding that Foreign Intelligence Surveillance Act (FISA) does not displace the state secrets privilege.
Supreme Court Denies Certiorari to Rule on Warrantless Pole Camera Surveillance
On October 8, 2021, Travis Tuggle petitioned the Supreme Court to determine whether long-term, continuous, and video surveillance of a home constitutes a search under the Fourth Amendment.
D.C. Court of Appeals Holds Officer’s Attempt to Stop a Defendant’s Flight Was a Seizure Requiring Reasonable, Articulable Suspicion
The officers pulled into an alleyway and saw a group of 5 individuals. The officers got out of the vehicle, approached the group, and asked him if they had any guns. Then, one began to run.
Seventh Circuit: Questioning Drivers on Travel Plans Is a Permissible Inquiry
In central Illinois, Sheriff’s Deputy Derek Suttles spotted a silver Volkswagen traveling well under the posted speed limit with a covering over the rear cargo area.
Tenth Circuit Finds Exclusionary Rule Does Not Apply in § 1983 Cases
On August 11, 2014, Salt Lake City Police Officer Bron Cruz shot and killed Dillon Taylor after responding to a radio transmission from dispatch, reporting that an individual “flashed a gun.”
Third Circuit Declines to Extend Carpenter v. United States to Prison Calls
The U.S. Court of Appeals for the Third Circuit consolidated the appeals as they raised on common issue – whether recordings of phone calls made from prison were admissible at trial.
Sixth Circuit Holds that Suspicionless Chalking Car Tires for Parking Enforcement Violates the Fourth Amendment
Saginaw, a city in Michigan, chalked car tires to enforce parking regulations. Recently, the U.S. Court of Appeals for the Sixth Circuit considered whether suspicionless tire chalking is a valid administrative search.
Seventh Circuit: Warrantless Public Pole Camera Surveillance Is Not An Unlawful Search Under The Fourth Amendment
From 2013 to 2016, several law enforcement agencies investigated a methamphetamine distribution conspiracy in Illinois. The government installed three cameras on nearby utility poles to monitor the home of defendant Travis Tuggle. Two cameras viewed the front of Tuggle’s home and a nearby parking area. The third camera viewed a shed owned by codefendant, Joshua Vaultonburg.
Seventh Circuit: Facebook’s Reporting of Child Pornography Does Not Make It a Government Actor
In 2018, Alexander Bebris sent messages to a woman via Facebook Messenger, a private messaging system on Facebook. Facebook Messenger utilizes PhotoDNA, a Microsoft image-recognition program that provides the capability to scan images uploaded onto the company’s platform and compares the “hash,” or essence of a photo, with a database of known images of child pornography. After a “hit,” Facebook reviews the flagged images and sends them to the National Center for Missing and Exploited Children (“NCMEC”) through the CyberTipline.
Eighth Circuit: Automobile Exception Applies to Temporarily Immobile Vehicles
On April 16, 2019, Des Moines police officers responded to various calls of gunshots fired at an apartment complex. The callers reported 3 potential suspects and 2 cars associated with those suspects. One caller described a suspect as a black male with dreadlocks in a white shirt and dark blue pants, a description fitting Shaun Short that evening. Callers also reported that one of the cars involved was a black Dodge Charger, the same make and model car owned by Short.
Supreme Court Holds That Officers’ Pursuit of a Fleeing Suspected Misdemeanant Does Not “Categorically” Justify Warrantless Entry to the Home
Yesterday, in an opinion authored by Justice Kagan, the Supreme Court issued an order on United States v. Lange, and held that the flight of a suspected misdemeanant does not always justify the warrantless entry of a police officer into a home. FEDagent previously reported on this case when the Court granted certiorari.