On September 10, 2020, the Fifth Circuit Court of Appeals decided Nerio v. Evans[i], in which the court examined whether officers were entitled to qualified immunity for arresting the wrong person under a warrant, after a drug investigation. The facts [...]
On September 16, 2020, the Seventh Circuit Court of Appeals decided the United States v. Green[i], in which the court examined whether a security guard working for a company that provided security for the Chicago Housing Authority (CHA) was a [...]
At the outset, it is important to understand the concept of Qualified Immunity and how the process works in determining whether the case will be dismissed or in the alternative, that an officer will face a trial. As a general [...]
Over the several years, there has been ongoing disagreement amongst the Federal Circuits with respect to the analysis applied in deadly force cases. Most of the Federal Circuits adopt a position that the officer’s use of deadly force be examined [...]
On September 29, 2020, the Eleventh Circuit Court of Appeals decided Cooper v. Rutehrford[i], in which the court examined whether a sheriff, in his official capacity, was entitled to summary judgment from an excessive force lawsuit for failure to train [...]
On August 10, 2020, the Supreme Court of Georgia decided Young v. State[i], which serves as an excellent example of the application of a suspect’s right to an attorney and right to remain silent under Miranda. In Young, a pizza [...]
On August 19, 2020, the Fourth Circuit Court of Appeals decided the United States v. Beasley[i], in which the court examined whether a person who disclaimed ownership of a vehicle has a reasonable expectation of privacy in that vehicle such [...]
On August 17, 2020, the Fourth Circuit Court of Appeals decided the United States v. Villavicencio[i], which serves as an excellent review of law regarding traffic stops, reasonable suspicion, and when an officer can expand the scope of the stop. [...]
On August 21, 2020, the Eleventh Circuit Court of Appeals decided the United States v. Bossio[i], which serves as an excellent review of the law regarding when a guest at a residence has reasonable expectation of privacy at the residence [...]
Over the several years there has been ongoing disagreement amongst the Federal Circuits with respect to the analysis applied in deadly force cases. Most of the Federal Circuits adopt a position that the officer’s use of deadly force be examined [...]