Accidental Shooting of a Hostage: 9th Circuit Ruling
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 Amendments when they accidentally shot and killed a 12-year-old hostage. In Hawatmeh, Dianne Hawatmeh and her daughter, Yasmeen, were returning to their apartment when they were confronted by a neighbor, Jason Bourne, over a noise complaint that had been lodged against him. Moments later, Bourne ran toward Dianne and her daughter and forced his way into their apartment. Bourne shot [...]
Fifth Circuit Use of Force Ruling | Johnson v. Smith
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 the floor after she stood up and for using a knee across her buttock and lower back to keep her on the ground. The facts, taken directly from the case, are as follows: On January 17, 2023, R.C. was at a school classmate's home in Covington, Louisiana. While R.C. was there, three officers from the St. Tammany Parish Sheriff's department [...]
Fourth Amendment Traffic Stops and K-9 Sniffs: Ayala v. State
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 officers violated the Fourth Amendment such that the evidence obtained from the stop should be suppressed. The facts, taken directly from the case, are as follows: [T]he evidence presented at the motion to suppress hearing showed that in December 2021 a sheriff’s investigator followed a pickup truck with a North Carolina tag when it left a suspected drug house in [...]
Flock Safety ALPR Privacy Concerns and Public Trust
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 in decades. They routinely help officers locate abducted children, recover stolen vehicles, identify fleeing suspects, and generate investigative leads that would not otherwise exist. For many agencies, they have become an indispensable force multiplier. Despite these benefits, no recent law enforcement technology has generated greater public concern. The debate is not centered on whether ALPRs work; instead, it focuses on [...]
Fourth Amendment Traffic Stop Questioning: Sixth Circuit Case Explains Limits
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 scope and duration of a traffic stop by asking questions unrelated to the reason for the stop. The facts, taken directly from the case, are as follows: On the night of May 17, 2021, Moffitt was pulled over by law enforcement officers from the Simpson County Sheriff's Office while driving along Nashville Road in Simpson County, Kentucky. One of those [...]
Reasonable Suspicion | United States v. Campbell
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 officer conducting a frisk and locating a weapon. The facts, taken directly from the case, are as follows: Around 11:30 p.m. one night in July 2021, Teresa Cooper called 911 to report that her home security camera was showing a Black man and woman taking items from her back porch. About one minute after the conclusion of that call, Officer [...]