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 [...]
Chatrie v United States Supreme Court Geofence Warrant 2026
From the United States Supreme Court Geofencing to Catch a Bank Robber Chatrie v. United States, slip opinion No. 25-112 In another case involving technology which was beyond science fiction when the Bill of Rights and specifically the Fourth Amendment was adopted, the United States Supreme Court considered the constitutional implications of law enforcement using geofencing during investigations. In Chatrie, the Court began with a description of geofencing and its use for investigations and the warrant that was obtained by investigators in this case. The Court noted that certain apps have the ability to track locations of devices using these [...]
ICE Immigration Detainers:
ICE Immigration Detainers: Legal Requirements and Liability for Local Law Enforcement The increase of immigration enforcement has led to questions regarding the enforcement of immigration detainers by city and county jails. This article will discuss various court precedents related to local enforcement of immigration detainers. To be clear, detainers refer to requests by Immigration and Customs Enforcement (ICE) to continue to hold a person in custody (jail) after the person is eligible to be released, for example, after posting bond for a state criminal charge. Galarza v. Szalczyk – Third Circuit Court of Appeals (2014) In Galarza v. Szalczyk[i], the Third [...]
THE ART OF THE INTERNAL INTERVIEW: CONDUCTING EFFECTIVE OFFICER INTERVIEWS IN LAW ENFORCEMENT INVESTIGATIONS
Introduction Of all the components that comprise a law enforcement internal investigation, none carries greater weight than the officer interview. When reviewing completed investigations, commanders and oversight bodies almost invariably ask the same question first: What did the officer say? That answer, or its absence, can determine administrative outcomes, shape civil liability exposure, and define whether a department can demonstrate accountability to the community it serves. For these reasons, internal affairs investigators must approach officer interviews not as a procedural formality, but as a discipline worthy of rigorous preparation and skillful execution. This article addresses the legal framework governing officer [...]
TENTH CIRCUIT CONSIDERS REASONABLENESS OF DEADLY FORCE FOR SHOOTING MAN THAT DISOBEYED COMMANDS NOT TO TOUCH WEAPON
On May 28, 2025, the Tenth Circuit Court of Appeals decided Cruz v. City of Deming[i], which serves as an excellent review of the law related to the use of deadly force under the Fourth Amendment. The relevant facts of Cruz, taken directly from the case, are as follows: On February 3, 2021, a motorist driving on Interstate 10 near Deming, New Mexico called 911 to report a man, wearing a gray sweater and a hat, standing in the median "shooting" a "big gun" at westbound traffic. The motorist indicated she was unclear if the gun was real. Officers from [...]