In what appears to be a case of first impression, the Tenth Circuit held evidence obtained during a search pursuant to a search warrant was seized in violation of the Fourth Amendment because the warrant had become stale, not due…
The defendant raised a Fourth Amendment challenge asserting she had been seized because a reasonable person in her situation would not have felt free to end the encounter with the police and leave, especially when factoring in her subjective characteristics…
Farrell argued that Officer Montoya had violated her Fourth Amendment Rights by firing three shots at her minivan as she drove away from a traffic stop. The Tenth Circuit held that the officer was entitled to qualified immunity against a…