Legal Update

Larry E. Holtz, Esq. Community Caretaking and Home Entries In Caniglia v. Strom (US 5-17-21), the United States Supreme Court recently addressed the question of whether law enforcement’s community caretaking duties create a stand-alone doctrine which justifies warrantless searches and seizures in the home. The answer, according to the Court, is NO! Here, the Court refused to recognize the “community caretaking” rule as a “freestanding” Fourth Amendment category. During an argument with his wife, Edward Caniglia placed a handgun on…

Larry E. Holtz, Esq. An Unsuccessful Attempt to Stop a Suspect Is a “Seizure” In Torres v. Madrid (US 3-25-21), the United States Supreme Court addressed the question of whether a seizure occurs when an officer shoots someone who temporarily eludes capture after the shooting. The answer, according to the Court, is “Yes. The application of physical force to the body of a person with intent to restrain is a seizure, even if the force does not succeed in subduing…

Larry E. Holtz, Esq. US Supreme Court to Decide Warrantless “Hot Pursuit” Home Entry for a Minor Offense In Lange v. California (US 20-18) (cert. granted 10-19-20), the United States Supreme Court agreed to decide the issue of whether a police officer may make a warrantless home entry when the officer is in pursuit of a person of whom the officer has probable cause to believe has committed a jailable misdemeanor offense. In the case description below, the defendant, Arthur…

Larry E. Holtz, Esq. TRAFFIC STOPS: THE “OWNER IS THE DRIVER” ASSUMPTION May a law enforcement officer, consistent with the Fourth Amendment, initiate an investigative traffic stop after running a vehicle’s license plate and learning that the registered owner has a revoked driver’s license? In Kansas v. Glover (U.S. 2020), the United States Supreme Court said, “Yes.” The facts in Glover unfolded in late April 2016, when Douglas County, Kansas, Sheriff’s Deputy Mark Mehrer, while on patrol, ran a registration…

Larry E. Holtz, Esq. High Court Permits Warrantless Blood Draws from Unconscious Drunk Drivers Is a warrant required for a blood test when an officer has probable cause to believe a motorist has been driving while under the influence of alcohol, but the motorist is unconscious and cannot be given a breath test? Recently, in Mitchell v. Wisconsin (U.S. 2019), the United States Supreme Court said, “No.”In such cases, “the exigent circumstances rule almost always permits a blood test without…

Supreme Court Limits Excessive Forfeitures as Criminal Penalties Larry E. Holtz, Esq. Recently, in Timbs v. Indiana, 586 U.S. ___ (2019), the United States Supreme Court unanimously ruled that states cannot impose excessive fees, fines and forfeitures as criminal penalties. The Court’s decision underscores that the Eighth Amendment’s prohibition against “excessive fines” applies to states and localities as well as the federal government. Justice Ruth Bader Ginsburg, just back in court after lung cancer surgery, wrote the majority opinion and…

Larry E. Holtz, Esq. Driveway Car Searches Unlawful Without a Warrant       Does the automobile exception permit a law enforcement officer – uninvited and without a warrant – to enter the curtilage of a home in order to search a vehicle parked at the top of the home’s driveway? Recently, in Collins v. Virginia, 584 U.S. ___ (2018), the United States Supreme Court said, “No!”  “The automobile exception does not afford the necessary lawful right of access to search a…

Larry E. Holtz, Esq. Supreme Court Protects Cell Phone Location Information             Does an individual have a constitutional right of privacy in his (or her) cell phone location information? Recently, in Carpenter v. United States (US 6-22-18), the United States Supreme Court said, “Yes!” The Case: Police arrested four men suspected of robbing a series of RadioShack® and (ironically enough) T-Mobile® stores in Detroit. One of the men confessed that, over the previous four months, the group had robbed nine…

US Supreme Court Rules in Favor of Police in DC House Party Case Larry E. Holtz, Esq. A boisterous, late night Washington, DC, party leads to the arrest of partygoers and, ultimately, to a decision regarding probable cause. Recently, in District of Columbia v. Wesby, 583 U.S. ___ (2018), the United States Supreme Court rejected a claim made by 16 trespassing partygoers that the police lacked probable cause to arrest them. The circumstances unfolded at about 1:00 a.m. in the…

Restricting Sex Offenders’ Access to Social Media Web Sites Violates First Amendment Larry E. Holtz, Esq.  “To foreclose access to social media altogether is to prevent the user from engaging in the legitimate exercise of First Amendment rights.” In Packingham v. North Carolina, 137 S.Ct. 1730 (2017), the United States Supreme Court addressed a North Carolina statute making it a felony for any registered sex offender to gain access to “a commercial social networking Web site where the sex offender…