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

Unprovoked Flight and Reasonable Suspicion

From the United States Supreme Court Unprovoked Flight and Reasonable Suspicion   In District of Columbia v. R.W.[1] the United States Supreme Court decided a case where strange behavior by the occupants of a vehicle and the conduct of the vehicle’s driver led to reasonable suspicion to stop the vehicle. The Court described the facts as follows: In the wee hours of a winter morning in Washington, D. C., District of Columbia Metropolitan Police Officer Clifford Vanterpool received a radio dispatch call directing him to check out a suspicious vehicle at a specific address. Officer Vanterpool reached the apartment building [...]

By |April 23rd, 2026|Categories: Legal updates|

ELEVENTH CIRCUIT EXPLAINS PLAIN VIEW DOCTRINE

On March 21, 2025, the Eleventh Circuit Court of Appeals decided the United States v. Gilmore[i], which is instructive regarding the application of the plain view doctrine.  The relevant facts of Gilmore, taken directly from the case, are as follows: On February 9, 2022, Gilmore was the passenger in a vehicle that fled from an attempted traffic stop. During the high-speed pursuit that followed, Gilmore discarded from the passenger window about five pounds of marijuana, 191 grams of high-purity methamphetamine, and a handgun. A helicopter unit followed the car to a Tampa residence, where Gilmore and the driver, Elvis Martin, fled [...]

By |April 20th, 2026|Categories: Legal updates|

FIFTH CIRCUIT DISCUSSES DEPLOYING CANINE TO BITE A PERSON WHO HAD TRIED TO COMMIT SELF-HARM AND THEN RESISTED HANDCUFFING BY PULLING AWAY FROM OFFICER: Part II – Municipal Liability and Liability under the ADA

In 2023, the Fifth Circuit Court of Appeals decided Sligh v. City of Conroe[i], in which the court examined whether deputies violated the Fourth Amendment when, a police canine was commanded to bite an emotionally disturbed woman who had attempted self-harm and then pulled away from an officer who attempted to handcuff her.  The relevant facts of Sligh, taken directly from the case, are as follows: At 1:39 a.m. on July 5, 2018, Plaintiff-Appellant Olivia Sligh's partner called 911 to report that Sligh was suicidal, had hurt herself, and had left her house on foot. Sligh's partner requested an ambulance, and [...]

By |April 13th, 2026|Categories: Legal updates|

FIFTH CIRCUIT DISCUSSES DEPLOYING CANINE TO BITE A PERSON WHO HAD TRIED TO COMMIT SELF-HARM AND THEN RESISTED HANDCUFFING BY PULLING AWAY FROM OFFICER: Part One – Use of Force

In 2023, the Fifth Circuit Court of Appeals decided Sligh v. City of Conroe[i], in which the court examined whether deputies violated the Fourth Amendment when, a police canine was commanded to bite an emotionally disturbed woman who had attempted self-harm and then pulled away from an officer who attempted to handcuff her.  The relevant facts of Sligh, taken directly from the case, are as follows: At 1:39 a.m. on July 5, 2018, Plaintiff-Appellant Olivia Sligh's partner called 911 to report that Sligh was suicidal, had hurt herself, and had left her house on foot. Sligh's partner requested an ambulance, and [...]

By |April 2nd, 2026|Categories: Legal updates|

REASONABLE RESTRICTIONS ON SPEECH AT PUBLIC MEETINGS AND USE OF FORCE

On March 24, 2025, the Fourth Circuit Court of Appeals decided Somers v. Devine[i], in which the court examined whether an officer violated the First and Fourth Amendments when he arrested a woman at a school board meeting who refused to follow a mask regulation, refused to lower the volume of her voice, and refused to leave the school where the meeting was held upon being ordered to do so by police. The relevant facts of Somers, taken directly from the case, are as follows: On February 9, 2022, she arrived at an administrative building in Elkton, Maryland, to attend [...]

By |March 30th, 2026|Categories: Legal updates|

Use of Force During Protest

From the United States Supreme Court Per Curiam Decision Zorn v. Linton 2026 US LEXIS 1471 March 24, 2026 Jack Ryan, Attorney Legal and Liability Risk Management Institute This case did not address whether the use of force by Sergeant Zorn was reasonable but instead held that the law was not clearly established that “using a routine wristlock to move a resistant protester after warning her, without more, violates the U.S. Constitution.” The United States Supreme Court outlined the events and interaction between Officer Zorn and Protester Linton as follows: On January 8, 2015, Vermont hosted the inauguration for Governor [...]

By |March 24th, 2026|Categories: Legal updates|
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