On October 2, 2023, the Court of Appeals of Georgia decided Jackson v. State[i], which serves as an excellent review of the law related warrantless, exigent home entry.  The relevant facts of Jackson are as follows: [T]he evidence showed that an officer responded to a disorderly conduct call to assist other officers. The officer testified that when he arrived another officer came over and advised that “he was able to somewhat de-escalate the situation, got the wife and kids out of the house, but that Mr. Jackson was still inside and still being disorderly and armed with an orange knife in [...]

On February 21, 2024, the Eleventh Circuit Court of Appeals decided Mincey v. Vardman[i], which serves as an excellent review of the law related to false arrest.  The relevant facts of Mincey are as follows: On July 7, 2019, Mincey and her daughter Sonnier were in the waiting room of the emergency room (ER) at Piedmont Columbus Northside Hospital in Columbus, Georgia. Mincey and Sonnier were visiting a sick loved one, and they were each holding one of Sonnier's 10-month-old twins. By chance, some extended family members were also present in the ER visiting a different sick loved one. Mincey [...]

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 [...]