On May 11, 2015, the Eighth Circuit Court of Appeals decided Grider v. Bowling[i], which serves as an excellent review of the law related to excessive force and duty to intervene under the Fourth Amendment.  A summary of the relevant facts of Grider is as follows: Grider, his wife Kami Grider, and his son were at a Taco Bell when an argument occurred between Grider and another patron. The police were called, and the Griders crossed the street to eat their food in their vehicle. Officer Bowling was the first officer to arrive. Officer Bowling approached Grider, who was wearing a [...]

On May 24, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Gutierrez[i], which is an excellent review of the law related to K9 sniffs and the permissible scope of a traffic stop.  The relevant facts of Gutierrez are as follows: Florida state trooper Gabriel Llanes stopped Gutierrez and his wife at 8:55 a.m. as they travelled in a semi-truck towing a trailer full of smaller cars. Florida law requires that the lettering on a license plate be clearly visible, FLA. STAT. § 316.605(1), but according to Llanes's testimony, the lights over Gutierrez's license plate faced outward [...]

On May 24, 2023, the Tenth Circuit Court of Appeals decided the United States v. Apache Young[i], which serves as an excellent review of the law related to reasonable suspicion and investigative detentions.  This article is a two part series in which the second issue will be discussed herein; the first issue was discussed in Part One. The facts of Young are as follows: The West Mesa is an open space area west of Albuquerque, New Mexico. According to local law enforcement, the West Mesa is known for criminal activity, including drug distribution and abandoned stolen vehicles. On November 13, [...]

On May 24, 2023, the Tenth Circuit Court of Appeals decided the United States v. Apache Young[i], which serves as an excellent review of the law related to reasonable suspicion and investigative detentions.  This article is a two part series in which the first issue will be discussed herein and the second issue will be discussed in Part Two. The facts of Young are as follows: The West Mesa is an open space area west of Albuquerque, New Mexico. According to local law enforcement, the West Mesa is known for criminal activity, including drug distribution and abandoned stolen vehicles. On [...]

On December 1, 2022, the Eleventh Circuit Court of Appeals decided J.I.W. v. Dorminey[i], in which the court examined whether a school resource officer was entitled to qualified immunity when he used an arm-bar, which resulted in a broken arm on a disorderly student.  A summary of the relevant facts of J.I.W. is as follows: J.I.W., a thirteen-year-old middle school student at the time of the incident, had a history of psychological issues, having been hospitalized several times for psychological disorders. One afternoon, J.I.W. entered a classroom, informed his teacher he did not take his medication, and proceeded to act [...]

On May 30, 2023, the Eleventh Circuit Court of Appeals decided Watkins v. Bigwood[i], in which the court examined whether the police were entitled to qualified immunity for conducting an involuntary mental health committal on a man that was singing an anti-gay song with violent lyrics in a public park.  The relevant facts of Watkins are as follows: On the morning of December 15, 2014, Watkins arrived at John Mullin Park in Lauderhill, Florida, and began his usual routine. He was living out of his car at the time, and he visited the park every day to make breakfast and [...]