On September 24, 2021, the Sixth Circuit Court of Appeals of decided Anderson v. City of Fulton[i], which serves as an excellent review of constitutional law as it pertains to deadly force.  The relevant facts of Anderson, taken directly from the case, are as follows: On January 16, 2017, McClure walked up and down a road in Fulton wielding his homemade pike, striking cars as he walked by, and throwing the pike like a spear. Several concerned citizens called 911. [Authors note:  The homemade pike was described as a three-and-a-half-foot-long steel pole with a pocketknife attached to the end.[ii]] The [...]

On June 25, 2021, the Court of Appeals of Georgia decided Gowen v. State[i], in which the court examined whether the similarity of the odor of hemp and marijuana meant that the “odor of marijuana” no longer provides probable cause to search a vehicle under the automobile exception.  The relevant facts of Gowen, taken directly from the case, are as follows: [T]he record shows that while on patrol in downtown Athens, Officer Jackson Fields of the Athens-Clark County Police Department observed a minivan driving through a local apartment complex and ran a check of the vehicle's license plate. The check [...]

On August 23, 2021, the Third Circuit Court of Appeals decided Morency v. City of Allentown[i], which serves as an excellent review of the law related to false arrest.  The relevant facts of Morency, taken directly from the case, are as follows: On June 14, 2018, Michael noticed two boys kicking a soccer ball, repeatedly hitting his car. The boys were both neighbors, one was the son of Hector Sanchez, who lived down the street. Michael ordered the boys to stay off his property, but rather than leave, the boys kicked the ball at Michael's car one last time. The [...]

On August 25, 2021, the Eighth Circuit Court of Appeals decided the United States v. Salkil[i], which is instructive regarding the law related to consent searches on traffic stops.  The relevant facts of Salkil, taken directly from the case, are as follows: The case started with a traffic stop in Bettendorf, Iowa. Sergeant Joshua Paul, an officer with the Bettendorf Police Department, stopped Salkil's car because the rear license plate was not illuminated by light bulbs as required by Iowa law. See Iowa Code § 321.388. Sergeant Paul ran Salkil's name through a law enforcement database and learned that he had [...]

On August 26, 2021, the Eleventh Circuit Court of Appeals of decided Bradley v. Benton[i], which is instructive regarding reasonable suspicion and the law related to taser’s used against suspects that are in elevated positions.  The relevant facts of Bradley, taken directly from the case, are as follows: On the day of Robinson's death, Officer Casey Benton of the DeKalb County Police Department was patrolling near The Highlands of East Atlanta apartment complex in Atlanta, Georgia. That area had recently experienced a rise in gang related and violent crime. Around 7:00 p.m., Officer Benton observed a white SUV with a [...]

On April 25, 2019, the Court of Appeals of the Sixth Circuit decided Taylor v. City of Saginaw, in which the court examined whether a parking enforcement officer’s action of marking a tire with chalk violated the Fourth Amendment.[i]  In Taylor, a parking enforcement officer, Tabitha Hoskins, used chalk to mark Taylor's tires on fifteen separate occasions and issued her citations in kind. Each citation documented the date and time Taylor’s tires were marked with chalk. The cost of a citation started at $15 and increased with additional offenses. Taylor subsequently filed suit against Hoskins and the City and alleged [...]