Legal Update Archive2026-08-07T17:51:27-04:00

FOURTH CIRCUIT FINDS NO CONSTITUTION VIOLATION FOR OFFICERS THAT SHOT MAN THAT DISOBEYED VERBAL COMMANDS, MADE FURTIVE MOVEMENT AFTER VEHICLE PURSUIT

On June 3, 2025, the Fourth Circuit Court of Appeals decided Benton v. Layton[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 Benton, taken directly from the case, are as follows: At 4:35 a.m. on January 9, 2021, Defendants were in a marked police vehicle in a highway median, with Layton in the driver's seat. Hill passed Defendants on the highway, Dashcam at 1:42,1 and Layton U-turned from their position and drove up the three-lane highway. Bone confirmed with Layton that they were moving [...]

By |June 16th, 2026|Categories: Legal updates|

EIGHTH CIRCUIT DISCUSSES PROLONGED TRAFFIC STOPS AND THE SEARCH OF PASSENGER’S PURSE

On May 28, 2025, the Eighth Circuit Court of Appeals decided the United States v. Agena[i], which serves as an excellent review of the law related to prolonged traffic stops and the searching of a passenger’s bag.  The relevant facts of Agena, taken directly from the case, are as follows: This case began with a traffic stop near Waverly, Nebraska, in June 2022. At around 2:00 a.m., Deputy Jason Schnieder and Deputy Taylor Castaneda of the Lancaster County Sheriff's Office stopped a vehicle for a traffic violation because the driver's side taillight was not illuminated. See Neb. Rev. Stat. § 60-6,219(3), [...]

By |June 8th, 2026|Categories: Legal updates|

ELEVENTH CIRCUIT DISCUSSES FALSE ARREST AND EXCESSIVE FORCE

On May 28, 2025, the Eleventh Circuit Court of Appeals decided Daniels v. Blakley[i], which serves as an excellent review of the law related to false arrest and excessive force under the Fourth Amendment.  The relevant facts of Daniels, taken directly from the case, are as follows: On April 25, 2021, Brunswick police officers responded to a reported physical attack at Gracemore Nursing Home. The call described three suspects: two Black females and one Black male with dreadlocks. At the scene, a Gracemore employee informed the officers that the assailants had fled across the street and identified one of the girls [...]

By |June 1st, 2026|Categories: Legal updates|

OFFICERS SUED FOR HANDCUFFING PEOPLE THAT ESCAPED A HOSTAGE SITUATION

On May 9, 2025, the Seventh Circuit Court of Appeals decided Moderson v. City of Neenah[i], in which the court examined whether the Fourth Amendment was violated when officers handcuffed and detained a man that escaped a hostage situation.  The relevant facts of Moderson, taken directly from the case, are as follows: At 8:56 a.m. on December 5, 2015, the City of Neenah Police Department alerted officers to a hostage situation at Eagle Nation Cycles. Initial reports indicated a long-haired, bearded man, dressed in a flannel shirt and armed with a MAC-10 submachine gun had taken two or three hostages. [...]

By |May 26th, 2026|Categories: Legal updates|

CONSENT TO SEARCH AND REVOCATION OF CONSENT AS EXPLAINED BY THE FOURTH CIRCUIT

On April 30, 2025, the Fourth Circuit Court of Appeals decided United States v. Dubon[i], which serves as an excellent review of the law related to consent to search a residence.  The relevant facts of Dubon, taken directly from the case, are as follows: In July 2022, three officers knocked on the door of a house in Richmond, Virginia. The officers were looking for a man named Rolman Balcarcel, who a tipster said had "an AR-15 and other big weapons" and may have been planning to shoot up "schools, events, etc." JA 236-37. Alvarado Dubon answered the door and allowed the [...]

By |May 19th, 2026|Categories: Legal updates|

PROTECTIVE SWEEPS OF YARD AND HOUSE UPHELD DURING INVESTIGATION OF SHOTS FIRED CALL

On May 8, 2025, the Fifth Circuit Court of Appeals decided the United States v. August[i], which serves as an excellent review of the law related to protective sweeps.  The relevant facts of August, taken directly from the case, are as follows: On May 14, 2022, the Lake Charles Police Department received a call about gunshots on the 700 block of N. Lyons Street, a residential street in Lake Charles, Louisiana. Officers Baccigalopi, Bernat, and Rainwater responded. Baccigalopi arrived on scene and spoke with the caller, who pointed him to the blue home where August resided. Baccigalopi, Bernat, and Rainwater [...]

By |May 12th, 2026|Categories: Legal updates|
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