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 [...]
Hotel Room Search Warrant Upheld for Marijuana Odor
EIGHTH CIRCUIT UPHOLDS SEARCH WARRANT OF HOTEL ROOM BASED PRIMARILY ON ODOR OF MARIJUANA EMANATING FROM ROOM On June 5, 2025, the Eighth Circuit Court of Appeals decided United States v. Tate[i], which serves as an excellent review of the law related to probable cause to search a hotel room. The facts, taken directly from the case, are as follows: One afternoon in August 2022, Bismarck Police Department Patrol Officer Zachary Collins walked into a local hotel as part of his routine patrol and smelled marijuana in the front entrance. He then "smell[ed] room doors," going door to door until [...]
Police Canine Free-Air Sniffs and the Fourth Amendment
CAN INSTINCTIVE ACTIONS OF A POLICE CANINE DURING A FREE-AIR SNIFF VIOLATE THE FOURTH AMENDMENT? In 2018, the Eighth Circuit Court of Appeals decided United States v. Pulido-Ayala[i], in which the court examined if a sniff of a vehicle by a canine violated the Fourth Amendment when the canine jumped into the car during the sniff. The facts, taken directly from the case, are as follows: The incident in question occurred after the Missouri Highway Patrol and Lafayette County Drug Task Force set up a ruse checkpoint to investigate drug trafficking on Interstate 70. Immediately before an exit ramp, law [...]
False Names, Drug Packages, and Fourth Amendment Privacy
DOES A PERSON INVOLVED IN A DRUG CONSPIRACY HAVE A REASONABLE EXPECTATION OF PRIVACY IN A PACKAGE BEARING A FALSE NAME SENT TO SOMEONE ELSE’S ADDRESS? On June 17, 2025, the Third Circuit Court of Appeals decided United States v. King[i], in which the court examined whether a person involved in a drug conspiracy possesses a reasonable expectation of privacy under the Fourth Amendment in a package sent to someone else’s residence under a false name. The facts, taken directly from the case, are as follows: On October 4, 2019, Pennsylvania State Police ("PSP") were advised by a confidential informant [...]