On January 27, 2023, the District of Columbia Circuit Court of Appeals decided Kelly v. Gaton[i], in which the court examined whether an officer was entitled to qualified immunity from suit, when he tackled a woman, without warning, whom he had just witnessed hit another woman in the face.  The relevant facts of Kelly are as follows: On June 28, 2018, Officer Gaton was en route to respond to an unrelated domestic disturbance call when he observed Latarsha Kelly and her neighbor, Kiana Sims, arguing outside of their apartment building. As Officer Gaton walked toward the women, he saw Kelly hit [...]

On January 30, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Howard[i], which serves as an excellent review of the law related to drug investigations.  The relevant facts of Howard are as follows: On October 11, 2016, deputies from the narcotics division of the Thomas County Sheriff's Office received a tip from a confidential informant that a young African American male with dreadlocks and driving a blue Buick would be delivering methamphetamine that afternoon near 2050 Church Street in Meigs, Georgia. Agent Keith Newman established surveillance from a nearby street, and other agents observed the surrounding [...]

On January 3, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Barr[i], which serves as an excellent review of the law related to consent to enter private premises.  The relevant facts of Barr, taken directly from the case, are as follows: In the summer of 2017, Barr was living under an alias with his girlfriend, Nadya Diaz. The two lived on a thirty-acre farm that included pastureland, several barns, and a shooting range. Whit-field County Sheriff's Office Sergeant Wes Gibson had worked a side job tending to Barr's horses, and he knew Barr by the name [...]

On December 29, 2022, the Seventh Circuit Court of Appeals decided the Braun v. Vill. of Palatine[i], which serves as instructive regarding the liability for false arrest after a breath and blood test return negative for alcohol and drugs.  The relevant facts of Braun, taken directly from the case, are as follows: In September 2017 Braun was living in Chicago and working as an overnight pharmacist in suburban Cook County. He has a complicated medical history, including traumatic brain injury, seizures, anxiety, depression, and attention-deficit/hyperactivity disorder. After completing his seventh consecutive ten-hour overnight shift on September 11, Braun felt ill [...]

On December 28, 2022, the Eleventh Circuit Court of Appeals decided the Griffin v. Ventriere[i], which serves as an excellent review of the law related to false arrest and malicious prosecution.  The relevant facts of Griffin, taken directly from the case, are as follows: Trevor Glover reported to the Orange County Sheriff's Office that two men fired handguns at him as he walked towards his apartment building on April 27, 2016. Ventriere responded to the scene and corroborated Glover's story. At the scene, Glover advised Officer Robert Fischer that "he has never met or saw either of the men who attacked [...]

On December 20, 2022, the Tenth Circuit Court of Appeals decided the United States v. Samilton[i], which serves as an excellent review of the law related to the initiation and extended duration of Terry stops.  The relevant facts of Samilton, taken directly from the case, are as follows: I. BACKGROUND A. Factual History On September 13, 2020, the Oklahoma City Police Department received a 911 call from a Rodeway Inn hotel clerk. The clerk said a four-door, dark-colored car had been in the parking lot for several hours, and a Black female driver and a white, bearded male passenger were [...]