Traffic Stop After Registered Owner Mismatch: United States v. Behrens
TAG CHECK SHOWS FEMALE REGISTERED OWNER HAS SUSPENDED LICENSE BUT DRIVER IS A MALE – CONTINUE TO DETAIN OR IMMEDIATELY RELEASE? On July 28, 2025, the Eighth Circuit Court of Appeals decided United States v. Behrens[i], in which a deputy stopped a car because a tag check revealed that the female registered owner of the vehicle had a suspended driver’s license, but as the deputy approached the car, he observed that a male was driving. The court of appeals examined whether the deputy violated the Fourth Amendment when he continued to detain the driver and passenger after noticing the driver [...]
Eleventh Circuit: Marijuana Odor Supports Vehicle Search
DRIVER ARGUED THAT ODOR OF MARIJUANA DID NOT PROVIDE PC FOR SEARCH BECAUSE SMELL OF HEMP IS INDISTINGUISHABLE On July 11, 2025, the Eleventh Circuit Court of Appeals decided United States v. Green[i], in which a driver disputed whether there was probable cause to search his vehicle for several reasons, one of which was that the odor of marijuana and hemp are indistinguishable, and hemp is legal where the search occurred. The facts, taken directly from the case, are as follows: On the evening of November 16, 2022, Officer Christopher Brown with the Homewood Police Department observed a vehicle without [...]
Hernandez v. Sheriff of Manatee County: False Arrest Analysis
ELEVENTH CIRCUIT EXPLAINS REQUIREMENTS OF A FALSE ARREST CLAIM On July 14, 2025, the Eleventh Circuit Court of Appeals decided Hernandez v. Sheriff of Manatee Cnty[i], which serves as an excellent review of the law related to false arrest. The facts, taken directly from the case, are as follows: From August 2019 to May 2020, Manatee County Sheriff's Office deputies arrested Hernandez four times—once in August 2019, once in January 2020, once in April 2020, and once in May 2020… The April 2020 Arrest A week after the charge was abandoned, on April 22, 2020, Hernandez was arrested, again, for [...]
OFFICERS ARE NOT EXPECTED TO BE “LEGAL TECHNICIANS”
OFFICERS ARE NOT EXPECTED TO BE “LEGAL TECHNICIANS”, THEY MUST BE REASONABLE BASED ON TOTALITY OF THE CIRCUMSTANCES On July 14, 2025, the Eleventh Circuit Court of Appeals decided Johnston v. Carlson[i], which serves as an excellent review of the law related to false arrest and arguable probable cause. The facts, taken directly from the case, are as follows: In November 2022, Nicole Johnston ("Nicole")—Johnston's wife at the time—obtained a domestic violence injunction against him. The couple were amid divorce proceedings, and the injunction prohibited Johnston from (1) contacting Nicole, (2) approaching within 500 feet of her residence, and (3) knowingly [...]
Police Use of Force Case Review: Heid v. Rutkoski
MAN SHOOTS AT DEPUTIES IN BACKYARD THEN QUICKLY EXITS RESIDENCE THROUGH FRONT DOOR, UNARMED, IS SHOT AND SUES: WHO WINS? On July 10, 2025, the Eleventh Circuit Court of Appeals decided Heid v. Rutkoski[i], in which the court of appeals had to decide if deputies involved in a shooting were entitled to qualified immunity. A summary of the facts is as follows: Heid and his wife got into a physical altercation in their residence. Heid’s stepson tried to intervene in defense of his mother, and Heid physically assaulted and threatened him. Deputies were called. Initially, Deputies Kramer, Sanchez, Lewis, and [...]
Denial of Appeal to Supreme Court
Denial of Appeal to Supreme Court (Important Consideration for Law Enforcement) Author’s Commentary: While I don’t often write about Supreme Court orders denying a writ of certiorari because the denial does not create any binding precedent on other courts, the implications of the denial here should at least create discussion for law enforcement. I note that for officers working under the jurisdiction of the United States Court of Appeals for the DC Circuit, the decision stands. The case involves what most would consider a consensual contact, however due to the race of the subject, being a Black man, and with [...]