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Tag:Fourth Amendment

Court Opinion: Unanimous US Supreme Court Rules Excessive Force Cases Require Totality of Circumstances Analysis

The court vacated a lower court ruling that applied a moment-of-threat rule to an excessive force case, which the higher court said made the time leading up to the incident irrelevant.

Court Opinions: 10th Circuit Asks EPA to Explain Approval of Colorado’s Ambient Air Quality Implementation Plan Revision

The 10th Circuit asked the EPA to further explain its decision to approve the revised definition of “commencement of operation.”

Court Opinion: 10th Circuit Finds District Court Erred by Defining ‘Sudden’ Too Narrowly

The 10th Circuit found that the district court erred when it granted summary judgment based on a too narrow definition of narrow.

Court Opinions: 10th Circuit Holds that Franks Can Extend to Off-Duty Police Officers

The 10th Circuit held that the precedent set in the Fourth Amendment case Franks v. Delaware can apply to off-duty police officers.

Court Opinions: 10th Circuit Affirms Qualified Immunity for Officer Involved in Lakewood Shooting

The 10th Circuit concluded that under the circumstances in the case, which involved smoke and a fire, the officer’s lethal force was justified.

Court Opinion: Colorado Supreme Court Rules Police ‘Facilitated’ K-9 Search During a Traffic Stop

The Colorado Supreme Court determined a K-9 agent’s vehicle search in Lakewood violated the Fourth Amendment.

Court Opinions: Appeals Court Holds Right to Privacy Includes Cellphone PIN Code

The appeals court found that the police violated the Fourth Amendment when conducting a phone search with an illegally obtained cellphone PIN code.

Court Opinions: 10th Circuit Finds No Error in Denver Police’s Search of Storage Unit

The 10th Circuit ruled that the plaintiff failed to establish a legitimate expectation of privacy for the storage unit.