Practical case law analysis, officer-safety guidance, and legal updates written for today's law enforcement professionals.
231 articles
Absent Exigency, Constructive (Coercive) Home Entries Violate Payton’s Warrant Requirement Overview Under Payton v. New York, a warrant is required to arrest a defendant in his home, absent narrow exceptions such as exigent circumstances. Courts have analyzed the constitutionality of warrantless “surround and callouts” where police command, instruct, or demand a suspect exit his home,
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Wolford v. Lopez U.S. Supreme Court Holds Unconstitutional a Hawaii Law Prohibiting the Licensed Carry of Firearms on Private Property, Open to the Public, Without Express Consent Overview In 2022, New York State Rifle Pistol Association, Inc. v. Bruen affirmed the “Second Amendment right to keep and bear arms in public for self-defense.” Subsequently,
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United States v. Hemani Federal Ban on Firearm Possession by Unlawful Users of Controlled Substances Held Unconstitutional as Applied to the Defendant Overview In June 2026, the U.S. Supreme Court held that the Second Amendment was violated by prosecution of the defendant, a marijuana user, under 18 U.S. Code § 922(g)(3). This federal law prohibits
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Overview Following the high-profile homicide of UnitedHealthcare CEO Brian Thompson in New York in December 2024, defendant Luigi Mangione was indicted of second degree murder. A few days after the alleged crime, local police found Mr. Mangione in a McDonald’s in Altoona, Pennsylvania. Both a search incident to arrest (SITA) and inventory were performed of
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A “search of an item from which a defendant has been physically separated cannot be upheld” under the search-incident-to-arrest (SITA) exception. Overview Warrantless “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment, subject only to a few specifically established and well-delineated exceptions.” “Searches
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Overview You roll up to a tent pitched in someone’s backyard without permission. The property owner doesn’t want them there. You’ve got reasons to search. Can you do it without a warrant? The answer depends on whether the Fourth Amendment even protects that tent. If the person is trespassing, do they lose Fourth Amendment protection?
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How Are Colorado Courts Handling Cannabis, K-9s, and Car Searches? Overview The Colorado Constitution, Amendment 64 legalizes possessing up to 1 ounce of marijuana by individuals aged 21 or over. Thus, adults in Colorado have a reasonable expectation of privacy in possessing the amount legal under State law. As a result, the Colorado Supreme Court
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What Illinois Courts Say About the Odor of Marijuana and Probable Cause under the Automobile Exception Overview Illinois residents aged 21 or older may legally possess up to 30 grams of cannabis (marijuana). However, cannabis may not be used in a motor vehicle, nor be accessible to car occupants. The Illinois Supreme Court has held
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Is Florida’s Plain Smell Doctrine Getting Vaporized? Under the Totality of the Circumstances, Establishing Probable Cause for Warrantless Car Search Under the Automobile Exception, Likely Requires More than the Odor of Marijuana Overview Establishing probable cause to search a vehicle, and reasonable suspicion for an investigatory stop, likely require more than the smell of raw
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