Police Property Damage Liability | Fifth Amendment
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 of appeals examined whether a city is liable under the Takings Clause of the Fifth Amendment when the police destroy a person’s property during a tactical operation to apprehend a fugitive. In Pena, on August 3, 2022, officers from the LAPD and Deputy U.S. Marshals were in pursuit of an armed fugitive. The fugitive fled into Pena’s print shop, kicked [...]
CHALLENGES OF LEADING A SMALLER POLICE DEPARTMENT
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 U.S. Department of Justice's Bureau of Justice Statistics, 46% of local police departments employed fewer than 10 full-time-equivalent sworn officers in 2020, while 76% of sheriffs' offices employed fewer than 50. These numbers remind us of something important: Effective leadership is not determined by an agency's size, but by the commitment of those entrusted to lead it. There is something [...]
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 [...]