Reforming Police
Daves v. Mosley
Section 131 of the newly enacted Enhance Law Enforcement Integrity Act gives Coloradans a cause of action to seek damages or equitable relief when state or local police officers violate the Colorado Constitution. In 2022, Christopher Mosley sued Officer Brendan Daves for conducting a warrantless search of his car, which Daves argued was lawful under the federal protective sweep doctrine. After Mosley prevailed at trial and the court of appeals affirmed, Daves appealed to the Colorado Supreme Court. The ACLU’s State Supreme Court Initiative and the ACLU of Colorado filed an amicus brief agreeing with Mosley's argument that Daves has misapprehended the federal doctrine whilst focusing on a separate point: the Court’s interpretation of Section 131 is not bound by federal law.
Status: Ongoing
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Oregon
Feb 2024
Reforming Police
Disability Rights
Disability Rights Oregon v. Washington County, Oregon
Arizona
Oct 2023
Reforming Police
Racial Justice
Fund for Empowerment v. Phoenix, City of
Fund for Empowerment is a challenge to the City of Phoenix’s practice of conducting sweeps of encampments without notice, issuing citations to unsheltered people for camping and sleeping on public property when they have no place else to go, and confiscating and destroying their property without notice or process.
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36 Reforming Police Cases
Maryland Supreme Court
Dec 2024
Reforming Police
Branch v. State
This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The ACLU, alongside the ACLU of Maryland, filed an amicus brief in support of the defendant’s petition, in which the ACLU argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition.
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Maryland Supreme Court
Dec 2024
Reforming Police
Branch v. State
This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The ACLU, alongside the ACLU of Maryland, filed an amicus brief in support of the defendant’s petition, in which the ACLU argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition.
North Carolina Supreme Court
Dec 2024
Reforming Police
State v. Wright
This case in the North Carolina Supreme Court involves the question of whether the police violated the U.S. Constitution when they searched the defendant, Mr. Wright’s, backpack even after he repeatedly said no to the search requests. The ACLU alongside the ACLU of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright’s eventual “consent” was the result of police coercion. Our brief urges the court to consider the totality of the circumstances that make one more susceptible to coercion, including race and poverty.
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North Carolina Supreme Court
Dec 2024
Reforming Police
State v. Wright
This case in the North Carolina Supreme Court involves the question of whether the police violated the U.S. Constitution when they searched the defendant, Mr. Wright’s, backpack even after he repeatedly said no to the search requests. The ACLU alongside the ACLU of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright’s eventual “consent” was the result of police coercion. Our brief urges the court to consider the totality of the circumstances that make one more susceptible to coercion, including race and poverty.
Pennsylvania Supreme Court
Nov 2024
Reforming Police
Commonwealth of Pennsylvania v. Shivers
This case in the Pennsylvania Supreme Court asks whether flight from the police in a high-crime area, without more, can justify an investigative stop. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Pennsylvania, filed an amicus brief arguing that it does not. The brief argues that the Pennsylvania Constitution supports broader protections against investigative stops than those recognized under the U.S. Constitution, and that flight in high-crime areas is not inherently more suspicious than flight elsewhere.
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Pennsylvania Supreme Court
Nov 2024
Reforming Police
Commonwealth of Pennsylvania v. Shivers
This case in the Pennsylvania Supreme Court asks whether flight from the police in a high-crime area, without more, can justify an investigative stop. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Pennsylvania, filed an amicus brief arguing that it does not. The brief argues that the Pennsylvania Constitution supports broader protections against investigative stops than those recognized under the U.S. Constitution, and that flight in high-crime areas is not inherently more suspicious than flight elsewhere.
Wisconsin
Oct 2024
Reforming Police
Racial Justice
Collins et al. v. The City of Milwaukee et al.
On February 21, 2017, the American Civil Liberties Union, the ACLU of Wisconsin, and the law firm of Covington & Burling LLP filed a class-action lawsuit against the City of Milwaukee in the U.S. District Court for the Eastern District of Wisconsin. This lawsuit challenged the Milwaukee Police Department’s unconstitutional stop-and-frisk program that targeted tens of thousands of people without reasonable suspicion of criminal activity, primarily driven by racial profiling.
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Wisconsin
Oct 2024
Reforming Police
Racial Justice
Collins et al. v. The City of Milwaukee et al.
On February 21, 2017, the American Civil Liberties Union, the ACLU of Wisconsin, and the law firm of Covington & Burling LLP filed a class-action lawsuit against the City of Milwaukee in the U.S. District Court for the Eastern District of Wisconsin. This lawsuit challenged the Milwaukee Police Department’s unconstitutional stop-and-frisk program that targeted tens of thousands of people without reasonable suspicion of criminal activity, primarily driven by racial profiling.
Iowa Supreme Court
May 2024
Reforming Police
Singer v. Orange City
This case in the Iowa Supreme Court asked whether a city ordinance that mandates rental inspections every five years, irrespective of whether a tenant consents to the inspection and in the absence of individualized probable cause, violates the state constitution. The ACLU’s State Supreme Court Initiative assisted the ACLU of Iowa in filing an amicus brief to argue that tenants have a right under the Iowa Constitution to be free from non-consensual searches of their rented homes, absent a showing of individualized probable cause. The court ultimately held that the plaintiffs had raised only a facial challenge to the ordinance, and because the ordinance could operate without violating the Iowa Constitution in at least some circumstances, the challenge failed. The court’s decision does not foreclose future challenges on an as-applied basis where the plaintiffs’ claims are ripe for review.
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Iowa Supreme Court
May 2024
Reforming Police
Singer v. Orange City
This case in the Iowa Supreme Court asked whether a city ordinance that mandates rental inspections every five years, irrespective of whether a tenant consents to the inspection and in the absence of individualized probable cause, violates the state constitution. The ACLU’s State Supreme Court Initiative assisted the ACLU of Iowa in filing an amicus brief to argue that tenants have a right under the Iowa Constitution to be free from non-consensual searches of their rented homes, absent a showing of individualized probable cause. The court ultimately held that the plaintiffs had raised only a facial challenge to the ordinance, and because the ordinance could operate without violating the Iowa Constitution in at least some circumstances, the challenge failed. The court’s decision does not foreclose future challenges on an as-applied basis where the plaintiffs’ claims are ripe for review.