ARE MUNICIPALITIES AND COUNTIES LIABLE UNDER THE TAKINGS CLAUSE OF THE FIFTH AMENDMENT FOR PROPERTY DAMAGE DURING POLICE EMERGENCIES? On November 4, 2025, the Ninth Circuit Court of Appeals decided Pena v. City of Los Angeles,[i] in which the court [...]
When Relationships Become More Important Than Responsibilities, Leadership Suffers By Rick Baker Legal and Liability Risk Management Institute National Training Director Across the United States, smaller law enforcement agencies represent a significant part of American policing. According to the [...]
DOES THE ACCIDENTAL SHOOTING OF A HOSTAGE VIOLATE THE CONSTITUTION? On November 7, 2025, the Ninth Circuit Court of Appeals decided Hawatmeh v. City of Henderson,[i] in which the court of appeals examined whether officers violated the Fourth or Fourteenth [...]
FIFTH CIRCUIT DISCUSSES USE OF FORCE On November 5, 2025, the Fifth Circuit Court of Appeals decided Johnson v. Smith,[i] in which the court of appeals examined whether officers were entitled to qualified immunity for forcibly placing a suspect on [...]
GEORGIA COURT OF APPEALS EXPLAINS PRETEXTUAL STOPS AND K9 SNIFF On September 16, 2025, the Court of Appeals of Georgia decided Ayala v. State,[i] in which the court examined a pretextual traffic stop and canine sniff to determine if the [...]
Flock Safety and Automated License Plate Readers: Balancing Public Safety, Privacy, and the Fourth Amendment: Part One – The Court of Public Opinion Automated license plate readers (ALPRs), including Flock, have become one of the most valuable investigative tools developed [...]
SIXTH CIRCUIT EXPLAINS SCOPE OF A TRAFFIC STOP AND QUESTIONING UNRELATED TO THE STOP On September 23, 2025, the Sixth Circuit Court of Appeals decided United States v. Moffitt,[i] in which the court examined whether an officer exceeded the permissible [...]
TENTH CIRCUIT DISCUSSES INVESTIGATIVE DETENTIONS AND DISSIPATION OF REASONABLE SUSPICION On September 30, 2025, the Tenth Circuit Court of Appeals decided United States v. Campbell,[i] in which the court examined whether reasonable suspicion to detain Campbell dissipated prior to the [...]
SEVENTH CIRCUIT DISCUSSES QUALIFIED IMMUNITY WHERE OFFICERS MISTAKENLY BELIEVE SUSPECT POINTED A GUN On September 26, 2025, the Seventh Circuit Court of Appeals decided Pam v. City of Evansville,[i] in which the court of appeals examined whether officers were entitled [...]
SEARCHES OF STUDENTS AND THE FOURTH AMENDMENT On September 30, 2025, the Sixth Circuit Court of Appeals decided Johnson v. Mount Pleasant Pub. Schs.,[i] in which the court examined whether a school official who conducted two searches of a student, [...]