Legal Update Archive2026-08-07T17:51:27-04:00

OFFICERS SUED FOR FALSE ARREST, EXCESSIVE FORCE AND DENIAL OF MEDICAL TREATMENT GRANTED QUALIFIED IMMUNITY

On October 2, 2024, the Eleventh Circuit Court of Appeals decided Edgar v. Brunson[i], in which the court examined whether officers were entitled to qualified immunity after arresting Edgar, who was suffering from a medical condition, for public intoxication.  The relevant facts of Edgar are as follows: The following facts come from Edgar's complaint and Officer Brunson's body camera footage. One day, someone called the Elba Police Department to express concern for Edgar because he was walking unsteadily on the street. Officer Brunson responded to the call, and Edgar explained that he had ataxia—a neurological disorder that affects a person's balance [...]

By |December 16th, 2025|Categories: Legal updates|

SIXTH CIRCUIT HOLDS NO SEARCH WARRANT NEEDED FOR REAL-TIME CELL SITE LOCATION INFO

On October 22, 2024, the Sixth Circuit Court of Appeals decided the United States v. Perry[i], in which the court examined whether search warrants officers obtained for Perry’s real-time, cell site location information to locate and arrest him pursuant to an arrest warrant, were valid.  The relevant facts of Perry are as follows: On July 11, 2021, Perry fired over a dozen shots into the ceiling at the Elks Lodge in Alliance, Ohio. Police investigators identified Perry from a surveillance video and obtained an arrest warrant on July 16. They also obtained two search warrants for cellphone-location and call-history data [...]

By |December 9th, 2025|Categories: Legal updates|

SIXTH CIRCUIT DISCUSSES DETAINING A PERSON HANDCUFFED IN THE BACKSEAT OF A POLICE CAR DURING AN INVESTIGATIVE DETENTION

On October 22, 2024, the Sixth Circuit Court of Appeals decided the United States v. Williams[i], in which the court examined whether officers violated the Fourth Amendment when they detained a person, handcuffed in the backseat of a police car.  The relevant facts of Williams are as follows: Williams rear-ended a vehicle at a busy intersection in Grand Rapids, Michigan. The driver of the vehicle that Williams hit, known only as "L.V.," called the police. When Officers Roxanne Partak and Thomas Gootjes arrived at the accident scene, L.V. told Officer Gootjes that following the accident, Williams immediately jumped out of his [...]

By |December 1st, 2025|Categories: Legal updates|

GEORGIA INDEPENDENT SOURCE DOCTRINE EXPLAINED

On June 27, 2024, the Court of Appeals of Georgia decided the State v. Hanks[i], in which the court examined whether the independent source doctrine would prevent the suppression of drug evidence where officers included some unlawfully obtained evidence in a search warrant affidavit.  The relevant facts of Hanks are as follows: On February 27, 2019, the Sandy Springs Police Department received an anonymous tip regarding drugs in a hotel room at the Extended Stay America located at 1050 Hammond Drive NE, Sandy Springs, Fulton County. The tip was prompted by a report from housekeeping staff for the hotel, who [...]

By |November 25th, 2025|Categories: Legal updates|

SIXTH CIRCUIT EXAMINES WHETHER THERE IS MUNICIPAL LIABILITY FOR DAMAGE TO A RESIDENCE WHILE EXECUTING A SEARCH AND ARREST WARRANT

On September 3, 2024, the Sixth Circuit Court of Appeals decided Slaybaugh v. Rutherford Cnty[i], in which the court examined whether a county was liable to plaintiffs for damage done to the residence while the police executed a search and arrest warrant for the plaintiffs’ adult son who was in the residence and refused to come out.  The relevant facts of Slaybaugh are as follows: The Slaybaughs' residence is in the Town of Smyrna, located in Rutherford County, Tennessee. On January 23, 2022, they agreed to let Conn stay at their house. There, later that evening, Mrs. Slaybaugh looked out [...]

By |November 18th, 2025|Categories: Legal updates|

FOURTH CIRCUIT HOLDS OFFICER WHO SHOT UNARMED SUSPECTED BURGLAR WHO CHARGED TOWARD OFFICER DID NOT VIOLATE THE FOURTH AMENDMENT

On July 12, 2024, the Fourth Circuit Court of Appeals decided Rambert v. City of Greenville[i], in which the court examined whether an officer was entitled to qualified immunity when he shot an unarmed, suspected burglar who charged toward the officer.  The relevant facts of Rambert are as follows: On July 9, 2019, at around 4:00 a.m., an elderly couple reported a breaking-and-entering in progress at their Greenville, North Carolina residence. They reported hearing glass break and a male voice yelling in the background. The police department dispatched two officers to the scene. Johnson was working the night shift and [...]

By |November 11th, 2025|Categories: Legal updates|
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