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 [...]

On December 14, 2023, the Eighth Circuit Court of Appeals decided the United States v. Betts[i], which serves as an excellent review of the law related to reasonable suspicion required to expand the scope of a traffic stop. The relevant facts of Betts are as follows: On June 3, 2021, at 5:50 p.m., Iowa State Patrol Trooper Spencer Baltes observed Betts narrowly pass a semi-truck without using a turn signal on I-80 in Dallas County, Iowa. Baltes initiated a traffic stop and approached Betts's vehicle from the front passenger side, where Betts's niece Macey Wignall was seated. Betts produced his license [...]

You have been on the job for some time but have never had to use deadly force. Then, in a split second, you just shot someone; what happens next? While many officers work on maintaining their proficiency and marksmanship skills with their weapons, many do not place the same emphasis on knowing their legal rights or learning what follows an officer-involved shooting. This article will try to do just that. It will walk the reader through the process from the perspective of the involved officer(s). It will review what happens in the hours, days, and months following the shooting as [...]

On December 14, 2023, the Tenth Circuit Court of Appeals decided Fields v. City of Tulsa[i], which serves as excellent review of the law related to excessive force. The relevant facts of Fields are as follows: Tameko Warren dialed 911 from the parking lot of a QuikTrip convenience store in Tulsa reporting that her soon-to-be ex-husband, Earnest Fields, was deflating her tires. She added that he was armed with a hammer, which he had just used to tap on her car window. When officers Cherish Comfort, Jill Sallee, and Lucas Temple arrived at the scene, Ms. Warren was still in [...]

On December 14, 2023, the Eleventh Circuit Court of Appeals decided on Graham v. Luke[i], which serves as an excellent review of the law related to malicious prosecution. The relevant facts of Graham are as follows: After a customer handed store clerk Michelle Kilgore a counterfeit check, police sent Inspector Wayne Luke to investigate. The check was made out to Kenneth Anthony Graham. Luke put that name into the police database and found Graham's driver's license photo. He showed it to Kilgore who confirmed that Graham was the individual who presented the fraudulent check. On this basis, Luke obtained a [...]