by Kent Scheidegger · Jun 20, 2024 10:59 am
In Chiaverini v. City of Napolean, No. 23-50, the opinion of the Court, by Justice Kagan, discusses the requirements for a “Fourth Amendment malicious-prosecution claim.” Justices Thomas and Gorsuch deny there is any such thing. The Fourth Amendment deals with seizures, not prosecutions, and the constitutional tort is the arrest and detention, not the prosecution. Continue reading . . .
by Kent Scheidegger · Jun 20, 2024 10:34 am
The U.S. Supreme Court today reinstated a retaliatory arrest case, Gonzales v. Trevino, No. 22-1025. The Court held that where the plaintiff concedes there was probable cause for an arrest but claims others are not arrested for the same conduct, the Fifth Circuit applied an excessively severe requirement on what the plaintiff must show. Continue reading . . .
by Kent Scheidegger · Feb 16, 2024 9:07 am
Here is yet another case of a misleading claim via crude statistics. (See also this post.) This one, unfortunately was actually bought by a federal district judge, with grave implications.
Hans Bader has this post at Liberty Unyielding on a recent decision out of Richmond, Virginia.
A judge recently found that the City of Richmond racially profiles black motorists, dismissing the indictment of a black convicted felon accused of illegally possessing a gun. The judge did not find that defendant Keith Moore had been treated differently than a similarly situated-white motorist. Instead, he ruled that Richmond police stops are racially discriminatory, based on statistics showing blacks are stopped and arrested at much higher rates than whites …. Continue reading . . .
by Elizabeth Berger · May 25, 2023 12:35 pm
The question of racial bias in police traffic stops is a highly debated issue. Some analyses have shown that certain racial or ethnic groups are disproportionately represented in traffic stops, leading many people to allege racial profiling and discrimination. However, it is not accurate or fair to claim that all police traffic stops are inherently racist. Other factors can contribute to racial disparities in police stops, including differences in driving behavior, geographic location, and crime rates in specific areas. As more research is conducted on this topic, it becomes more apparent how much context and other factors can play a role in traffic stop decisions. For example, research that adequately accounts for the impact of contextual and situational factors has found that racial disparities may not be as pronounced as previously thought, and that they are often explained by other factors unrelated to race.
This was the case in a recent study examining traffic stops in Pennsylvania, which found no evidence of racial profiling. According to the full-length report, the Pennsylvania State Police (PSP) stopped more than 440,000 drivers in 2022, 78.5% of whom white. In comparison, 14.4% were Black, and 8.2% were Hispanic. To conduct the study, the PSP partnered with Dr. Robin Engel and the National Police Foundation to ensure that the evaluation was independent and external to the department. Overall, these data should inspire public confidence in the police. It also suggests that PSP’s approach could serve as a promising model for other agencies.
by Brett Mathews · Sep 15, 2021 11:39 am
A new memo released from the Department of Justice (DOJ) by Attorney General Merrick Garland makes policy changes that have the potential to endanger the lives of federal agents, as well as the limit the seizure of criminal evidence. According to the memo released September 14th, 2021, the DOJ is changing policy effective immediately regarding the use of chokeholds and “no-knock” warrants. The change appears inspired by the deaths of George Floyd and Breonna Taylor. Officer Derek Chauvin was convicted of causing Floyd’s death by using a form of a chokehold to pin him down after he resisted arrest. Breonna Taylor died in a shootout which began when her current boyfriend shot at police executing a “no-knock” warrant to arrest her former boyfriend, drug dealer Jamarcus Glover. Continue reading . . .
by Kent Scheidegger · Jun 25, 2021 2:47 pm
As noted in Wednesday’s summary post, the U.S. Supreme Court held that day that the fact that a police officer is in “hot pursuit” of a person believed to have committed a misdemeanor (as opposed to a felony) is not by itself sufficient justification to enter a home with neither consent nor a warrant. The case is Lange v. California, No. 20-18. Continue reading . . .
by Bill Otis · Jun 23, 2021 7:01 pm
Kent did a short introduction of today’s Fourth Amendment case, Lange v. California, and I await his more detailed analysis. In the meantime, I was discussing the case with a defense lawyer friend of mine, a very smart guy and a bit of a cynic. One of his pals said that the CNN summary of the case went, “The U.S. Supreme court ruled Wednesday that police cannot enter a home without a warrant when pursuing someone for a minor crime.” My buddy had a different view: “That’s a dead wrong description of an opinion that effectively says the police can do this [a warrantless entry in hot pursuit] 99% of the time and claim good faith the other 1%.”
For most practical purposes in future litigation, that strikes me as pretty much dead on.
by Kent Scheidegger · Jun 23, 2021 7:26 am
As expected, the U.S. Supreme Court held today that the fact that a police officer is in “hot pursuit” of a person believed to have committed a misdemeanor (as opposed to a felony) is not by itself sufficient justification to enter a home with neither consent nor a warrant. The case is Lange v. California, No. 20-18. There are some interesting nuances here, which I will have more to say about later.
by Kent Scheidegger · Jun 14, 2021 10:53 am
Amy Howe had this post yesterday on the then-remaining U.S. Supreme Court cases for the term. With Greer/Gary and Terry decided today, that leaves Lange v. California, No. 20-18, as the only criminal case left for the term. Continue reading . . .
by Kent Scheidegger · May 17, 2021 7:58 am
The U.S. Supreme Court today decided Caniglia v. Strom, No. 20-157:
Decades ago, this Court held that a warrantless search of an impounded vehicle for an unsecured firearm did not violate the Fourth Amendment. Cady v. Dombrowski, 413 U. S. 433 (1973). In reaching this conclusion, the Court observed that police officers who patrol the “public highways” are often called to discharge noncriminal “community care-taking functions,” such as responding to disabled vehicles or investigating accidents. Id., at 441. The question today is whether Cady’s acknowledgment of these “caretaking” duties creates a standalone doctrine that justifies warrantless searches and seizures in the home. It does not. Continue reading . . .
SUBSCRIBE TO OUR FEED