On March 23, 2022, the Sixth Circuit Court of Appeals decided the United States v. Mason[i], which serves as an excellent review of the law related to the community caretaker function exception to the probable cause and warrant requirement under the Fourth Amendment.  The relevant facts of Mason are as follows: At around 2:40 pm on January 29, 2020, the Willoughby Hills Police Department received a call reporting that two unresponsive persons were slumped over in a vehicle parked by the pumps at a local gas station. The vehicle was not running, and a customer believed that its occupants had been [...]

It is almost becoming a common occurrence when the news reports that some law enforcement special unit’s personnel are indicted or being investigated for criminal misconduct. These types of special units come in various forms and names: HIDTA, street crime, narcotic enforcement, special enforcement, FLEX, CRASH, etc. The common thread for misconduct can be traced back to four factors. First, and least common, is that the members of these units are simply criminals carrying a badge. Second, and probably more common, is that these officers are engaging in what they believe is a “noble cause” and that cutting corners is [...]

On February 17, 2022, the Court of Appeals of Georgia decided Louallen v. State[i], which serves as an excellent review of the law related to reasonable suspicion to stop a vehicle and the ability to expand the scope of the stop beyond the traffic violation. The relevant facts of Louallen are as follows: So viewed, the evidence shows that on October 23, 2017, a state trooper was in radio contact with Drug Enforcement Administration agents, who informed him that someone had obtained what was thought to be illegal narcotics while in the area of Dawson Boulevard and Jimmy Carter Boulevard in [...]

On February 21, 2022, the Fifth Circuit Court of Appeals decided Wilson v. City of Bastrop[i], which serves as an excellent review of the law related to excessive force under the Fourth Amendment.  The relevant facts of Craig are as follows: In the afternoon of March 19, 2019, the Bastrop Police Department ("BPD") received two reports of an armed confrontation at the Eden Apartments. The first report warned "they are drawing guns." The second identified one perpetrator as "Thomas Johnson," who was driving a red truck with rims. Officer Joshua Green responded to the reports. Approaching the apartments, Green encountered [...]

On February 15, 2022, the Fifth Circuit Court of Appeals decided Craig v. Martin[i], which serves as an excellent review of the law related to excessive force under the Fourth Amendment.  The relevant facts of Craig are as follows: Officer Martin received a call dispatching him to a "disturbance" in the South Division of Fort Worth. The initial 9-1-1 call came from a middle-aged male, stating that several people were on his property arguing, had refused to leave, and were intentionally throwing trash in his yard. A subsequent 9-1-1 call came from the man's neighbor Jacqueline Craig, complaining that the [...]

On February 18, 2022, the Tenth Circuit Court of Appeals decided the United States v. Bosman[i], which serves as an excellent review of the law related to an officer’s use of force, or threat of force, during a Terry stop.  The relevant facts of Bosman are as follows: At around 9:00 a.m. on March 7, 2019, Colorado Springs Officers Gilman, Hallas, and Sandoval responded to a tip that Mr. Stuart was asleep in a Chevrolet Impala in the parking lot of a motel in a high-crime area. Mr. Stuart had an outstanding felony arrest warrant for multiple counts of identity [...]