From the United States Supreme Court May 15, 2025 Barnes v. Felix 605 U.S. ___(2025) No. 23-1239 The Ruling: Use of Force must be judged by the totality of circumstances and not just the “moment of threat” but Court did not decide “whether or how an officer’s own ‘creation of a dangerous situation’ factors into the reasonableness analysis.” The Court outlined the facts in Barnes v. Felix, as follows: On the afternoon of April 28, 2016, Roberto Felix, Jr., a law enforcement officer patrolling a highway outside Houston, received a radio alert about an automobile on the road with outstanding [...]

On January 2, 2024, the Court of Appeals of Georgia decided Martin v. State[i], which is instructive regarding probation searches and the validity of the search against a co-occupant of a residence. The relevant facts of Martin are as follows: The evidence shows that the search in question was of a bedroom Martin shared with Tomalynn Johnson and was conducted by Johnson's probation officer. Johnson had entered a negotiated guilty plea to possession of methamphetamine and was sentenced to three years of probation. One of the special conditions of her probation was that she waived her rights under the Fourth [...]

On January 18, 2024, the Court of Appeals of Georgia decided McAnnally v. State[i], which is an excellent review of the law regarding vehicle impound requirements and constructive possession. The relevant facts of McAnnally are as follows: In the early morning hours of January 30, 2022, two officers with the City of Ringgold Police Department witnessed a truck that was towing a boat run two red lights and drive back-and-forth across traffic lanes. The officers activated their lights and sirens, and the truck pulled over on the side of an entrance ramp to Interstate 75. Byrd, who was driving the truck, [...]

On March 5, 2021, the Eleventh Circuit Court of Appeals decided Prosper v. Martin[i], in which the court examined whether an officer violated the Fourth Amendment when he Tased a man who had punched him and subsequently used deadly force when the man attempted to bite off the officer’s finger.  The relevant facts of Prosper are as follows: In the early morning hours of September 28, 2015, Prosper was driving his taxi on NW 119th Street in Miami when he apparently lost consciousness, allowing his taxi to slowly drift off the road and collide with a pole near the I-95 [...]

When police officers use conducted energy weapons, such as Tasers, it is important to remember that each use or activation of the weapon must be reasonable.  Jackson v. Washtenaw Cnty[i], decided by the Sixth Circuit Court of Appeals, examined four separate uses of a Taser on a suspect and illustrates this point. The relevant facts of Jackson are as follows: On August 20, 2010, Detective Michael Marocco was engaged in a drug investigation of Stanley Jackson ("Jackson") in Superior Township, Michigan. Marocco was parked down the street from where Jackson was standing in his mother's driveway and the detective observed [...]

On January 23, 2024, the Fifth Circuit Court of Appeals decided Barnes v. Felix[i], in which the court examined whether an officer, who was standing on the floorboard of the fleeing vehicle, violated the Fourth Amendment when he shot the fleeing driver. The relevant facts of Barnes are as follows: Officer Roberto Felix, Jr. fatally shot Ashtian Barnes on April 28, 2016, following a lawful traffic stop. The facts leading up to the shooting are undisputed. At about 2:40 p.m., Officer Felix heard a radio broadcast from the Harris County Toll Road Authority giving the license plate number of a [...]