Flock Safety ALPR Privacy Concerns and Public Trust
Flock Safety and Automated License Plate Readers: Balancing Public Safety, Privacy, and the Fourth Amendment: Part One – The Court of Public Opinion Automated license plate readers (ALPRs), including Flock, have become one of the most valuable investigative tools developed in decades. They routinely help officers locate abducted children, recover stolen vehicles, identify fleeing suspects, and generate investigative leads that would not otherwise exist. For many agencies, they have become an indispensable force multiplier. Despite these benefits, no recent law enforcement technology has generated greater public concern. The debate is not centered on whether ALPRs work; instead, it focuses on [...]
Fourth Amendment Traffic Stop Questioning: Sixth Circuit Case Explains Limits
SIXTH CIRCUIT EXPLAINS SCOPE OF A TRAFFIC STOP AND QUESTIONING UNRELATED TO THE STOP On September 23, 2025, the Sixth Circuit Court of Appeals decided United States v. Moffitt,[i] in which the court examined whether an officer exceeded the permissible scope and duration of a traffic stop by asking questions unrelated to the reason for the stop. The facts, taken directly from the case, are as follows: On the night of May 17, 2021, Moffitt was pulled over by law enforcement officers from the Simpson County Sheriff's Office while driving along Nashville Road in Simpson County, Kentucky. One of those [...]
Reasonable Suspicion | United States v. Campbell
TENTH CIRCUIT DISCUSSES INVESTIGATIVE DETENTIONS AND DISSIPATION OF REASONABLE SUSPICION On September 30, 2025, the Tenth Circuit Court of Appeals decided United States v. Campbell,[i] in which the court examined whether reasonable suspicion to detain Campbell dissipated prior to the officer conducting a frisk and locating a weapon. The facts, taken directly from the case, are as follows: Around 11:30 p.m. one night in July 2021, Teresa Cooper called 911 to report that her home security camera was showing a Black man and woman taking items from her back porch. About one minute after the conclusion of that call, Officer [...]
Seventh Circuit: Qualified Immunity and Mistaken Gun Perception
SEVENTH CIRCUIT DISCUSSES QUALIFIED IMMUNITY WHERE OFFICERS MISTAKENLY BELIEVE SUSPECT POINTED A GUN On September 26, 2025, the Seventh Circuit Court of Appeals decided Pam v. City of Evansville,[i] in which the court of appeals examined whether officers were entitled to qualified immunity if they mistakenly believed a suspect pointed a gun at them before they shot the suspect. The facts, taken directly from the case, are as follows: At around 8:18 pm on November 8, 2020, Heather Geier called 911 reporting that a Black man wearing a white shirt and red pants—a match of Pam's appearance—was in her backyard brandishing [...]
Fourth Amendment Student Searches: Legal Update for Schools
SEARCHES OF STUDENTS AND THE FOURTH AMENDMENT On September 30, 2025, the Sixth Circuit Court of Appeals decided Johnson v. Mount Pleasant Pub. Schs.,[i] in which the court examined whether a school official who conducted two searches of a student, due to information the student had a gun and a subsequent threat, violated the Fourth Amendment. The facts, taken directly from the case, are as follows: During the relevant events in 2021, X.M. was a sixth-grade student at Mount Pleasant Public Schools who suffered from Attention Deficit Disorder, Obstruction Defiance Disorder, and severe depression. Because of these behavioral disabilities, X.M. [...]
Fifth Circuit Grants Qualified Immunity in Police Shooting Case
FIFTH CIRCUIT GRANTS QUALIFIED IMMUNITY FOR POLICE IN SHOOTING OF CHILD BEING USED AS A HUMAN SHIELD WHILE SUSPECT SHOT AT OFFICERS On June 6, 2025, the Fifth Circuit Court of Appeals decided Estate of Parker v. Miss. Dept of Pub. Safety[i], in which the court examined whether officers were entitled to qualified immunity when a child who was being used as a human shield was shot by police as they returned fire on a suspect who was shooting at the officers. The facts, taken directly from the case, are as follows: On May 3, 2021, law enforcement responded to [...]