Fourth Amendment

United States v. Billy Curry Jr. (4th Cir. July 2020), EN BANC

Sitting en banc, the Fourth Circuit held that the exigent circumstances and emergency aid exceptions to the Fourth Amendment's warrant requirement did not justify the officers' suspicion-less stop and frisk of the defendant who was an area where officers had heard gun shots being fired less than a minute before. There were other individuals and there was no particularized evidence that the defendant had been involved in the shooting or posed a danger to others.

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United States v. Jaquan Walker (2nd Cir. July 2020)

The Second Circuit held that a defendant’s stop was unconstitutional where it was based on the officer receiving an email with a photograph of a suspect who only shared general characteristics with the defendant and the photo did not involve any criminal activity. The Court also held that the attenuation doctrine did not apply because the officers' misconduct was purposeful or flagrant due to the extreme lack of reasonable suspicion.

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United States v. Anthony Yarbrough (11th Cir. June 2020)

The Court reversed the district court's grant of suppression based on an unlawful protective sweep. The Court held the sweep was justified where, even though officers had acted on an anonymous tip and had already arrested the visible suspects and found no contraband, the existence of multiple vehicles and people at the scene, the observation of a suspect attempting to flee, and the immediacy and brevity of the sweep to the defendant's arrest supported the sweep.

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