The U.S. Court of Appeals for the Seventh Circuit recently found a warrantless search constitutional, noting it would be a “miscarriage of justice” to allow the defendants to go scot-free. In doing so, the court of appeals deemed the “consent once removed” doctrine “expendable.”

“No Trespassing” signs do not per se prevent officers from conducting a knock and talk at a residence.

The Ninth Circuit recently held that a probationer’s Fourth Amendment right to be free of unreasonable searches and seizures was violated when probation officers conducted suspicionless searches of his cell phone.

A bottling company and its employees recently brought Bivens claims against federals agents for violating their Fourth Amendment rights when executing a white collar search warrant. The Eighth Circuit held that the agents’ actions were reasonable.

The Fifth Circuit recently concluded that an officer’s use of English to ask a suspect with a language barrier for consent was not coercive.

The First Circuit reversed a grant of summary judgment on a 42 U.S.C. § 1983 claim of excessive force, supervisory liability, and denial of medical care in violation of defendant’s Fourth and Fourteenth Amendment rights.

Ten weeks of continuous, warrantless surveillance from a public utility pole did not violate a defendant’s Fourth Amendment rights, the Sixth Circuit held.

The Court of Appeals for the Eighth Circuit recently held that the procedural violations of FBI agents in failing to provide sufficient notice of a warrant did not violate a defendant’s Fourth Amendment rights.

The Court of Appeals for the Fourth Circuit affirmed a district court decision granting officers qualified immunity after Tasering Ronald H. Armstrong five times. Mr. Armstrong died of suffocation.

In April 2009, Deputy U.S. Marshals Sean Franklin and Christopher Wallace tasered, arrested, and interrogated Mr. Stuart Wright, who was wrongfully identified as a suspected armed and dangerous felon.

To the extent a plaintiff attempts to use a suit to challenge his criminal conviction in the Court of Federal Claims, that court lacks jurisdiction to hear it, the U.S. Court of Appeals for the Federal Circuit recently held.

Where an officer was indisputably engaged in an ongoing criminal investigation when a warrantless search occurred, the community caretaking exception to the Fourth Amendment did not apply, the First Circuit recently held.

An anti-subrogation regulation in Kansas preventing insurers from issuing policies containing subrogation clauses came into conflict with the Federal Employees Health Benefit Act (“FEHBA”), but the Tenth Circuit Court of Appeals ruled that federal common law preempted the Kansas regulation.

Although Naval Criminal Investigative Service Special Agents are civilians, they work for the military and further military goals.  Thus, they are prohibited from enforcing purely civilian laws under the Posse Comitatus Act, according to an en banc panel of the United States Court of Appeals for the Ninth Circuit, and should not have investigated a civilian for downloading child pornography.

A “cadre of armed state and federal agents” and a helicopter “orbiting above” was insufficient to establish involuntary coercion of a defendant’s consent to his home, according to the Fifth Circuit.

Mr. Amir Meshal a United States citizen and resident of New Jersey, traveled to Mogadishu, Somalia in 2006 to further his study of Islam.  In early 2007, Somalia experienced an outbreak of violence causing many civilians to flee the country for neighboring Kenya.

Suppression of evidence in a state court does not, by itself, raise a factual issue about whether law enforcement officers violated the defendant’s clearly established rights, the Fifth Circuit recently held.

The United States Government investigated Mr. David Levy for his role in a stock manipulation scheme.  Mr. Levy was aware that he faced potential criminal charges; his wife had been indicted in a related matter nearly a year earlier, and his attorney held a telephone conversation with federal prosecutors to discuss potential charges against Mr. Levy.

The government may retain computer evidence obtained outside the scope of an original, probable-cause search warrant and prosecute people for crimes based on that evidence, the Justice Department argued this week before the U.S. Court of Appeals for the Second Circuit, sitting en banc.

On September 4, 2005, following Hurricane Katrina, New Orleans police officers were dispatched to the Danziger Bridge.  In the chaotic atmosphere, two unarmed men were shot and killed.