Case Law

Glik v. Cunniffe (2011)

1st Circuit

Citizens have a clearly established right to record public officials in public spaces.

Turner v. Driver (2017)

5th Circuit

The First Amendment protects recording public officials; officers must have reasonable suspicion of a crime to detain.

Fields v. City of Philadelphia (2017)

3rd Circuit

The right to record public officials exists regardless of the motive of the recorder.

Smith v. City of Cumming (2000)

11th Circuit

Recognized a broad right to record matters of public interest, including police. 

Terry v. Ohio (1968)

U.S. Supreme Court

Officers need reasonable suspicion to stop and frisk someone.

Hiibel v. Sixth Judicial District Court of Nevada (2004)

U.S. Supreme Court

States can require ID during lawful Terry stops, but only if the stop itself is lawful.

Florida v. Royer (1983)

U.S. Supreme Court

Detentions must be temporary and must last no longer than necessary to effectuate the purpose of the stop.

Brown v. Texas (1979)

U.S. Supreme Court

Merely being in a high-crime area does not justify a stop without specific, articulable facts. 

Mapp v. Ohio (1961)

U.S. Supreme Court

Illegally obtained evidence is inadmissible in court ("Exclusionary Rule").

Katz v. United States (1967)

U.S. Supreme Court

The Fourth Amendment protects people, not just places, reasonable expectation of privacy doctrine.

Arizona v. Gant (2009)

U.S. Supreme Court

Police may search a vehicle incident to arrest only if the arrestee can access the vehicle or if evidence of the crime might be found.

Illinois v. Caballes (2005)

U.S. Supreme Court

Extending a traffic stop without reasonable suspicion violates the Fourth Amendment. 

Graham v. Connor (1989)

U.S. Supreme Court

Use of force must be objectively reasonable based on the totality of the circumstances.

Tennessee v. Garner (1985)

U.S. Supreme Court

Deadly force cannot be used against a fleeing suspect unless there is probable cause to believe they pose a significant threat.

Kingsley v. Hendrickson (2015)

U.S. Supreme Court

Objective standard applies to claims of excessive force by pretrial detainees.

Bryan v. MacPherson (2010)

9th Circuit

Deployment of a taser without immediate threat constitutes excessive force. 

Nieves v. Bartlett (2019)

U.S. Supreme Court

Officers cannot arrest a citizen in retaliation for speech protected by the First Amendment if there was no probable cause.

Ford v. City of Yakima (2018)

9th Circuit

Retaliatory arrest claims survive summary judgment where probable cause is disputed.

Duran v. City of Douglas (1990)

9th Circuit

Verbal criticism of police, even obscene language, is protected speech and cannot justify arrest.  

Harlow v. Fitzgerald (1982)

U.S. Supreme Court

Established modern qualified immunity doctrine: protects officials unless they violate "clearly established" rights.

Hope v. Pelzer (2002)

U.S. Supreme Court

Officials are not protected by qualified immunity if their actions were obviously unconstitutional.

Saucier v. Katz (2001)

U.S. Supreme Court

Created a two-part test for qualified immunity (constitutional violation + clearly established law).

Taylor v. Riojas (2020)

U.S. Supreme Court

Qualified immunity does not protect "obvious" violations even without a case exactly on point.

Richmond Newspapers, Inc. v. Virginia (1980)

U.S. Supreme Court

Public has a First Amendment right to attend criminal trials.

Press-Enterprise Co. v. Superior Court (1984)

U.S. Supreme Court

Public and press have the right to access jury selection and related proceedings.

McDonald v. Smith (1985)

U.S. Supreme Court

The right to petition is protected by the First Amendment against government retaliation. 

Monell v. Department of Social Services (1978)

U.S. Supreme Court

Municipalities can be held liable under §1983 if a custom, policy, or practice caused the violation.

West v. Atkins (1988)

U.S. Supreme Court

State actors can be sued under §1983 for constitutional violations even if contracted rather than direct employees.

City of Canton v. Harris (1989)

U.S. Supreme Court

Failure to properly train officers can result in municipal liability under §1983. 

9. Misuse of Emergency Detentions / Mental Health Holds

O'Connor v. Donaldson (1975)

U.S. Supreme Court

A non-dangerous individual cannot be confined against their will without justification.

Vitek v. Jones (1980)

U.S. Supreme Court

Involuntary commitment requires due process protections.  

Closing Thought

Knowing case law is like carrying a legal shield into battle.
You don't win rights by asking nicely, you win them by invoking binding precedent the government cannot ignore.