On July 15, 2020, the Fourth Circuit Court of Appeals reheard the United States v. Curry[i], in which the court examined whether a stop of a person near the scene of a “shots fired” call, was reasonable under the “special needs” exception to the Fourth Amendment, even if there was no reasonable suspicion present to support the stop.  On September 19, 2020, a panel of three judges of the Fourth Circuit Court of Appeals voted 2-1 that the special needs exception to the Fourth Amendment, particularly “exigent circumstances,” supported the pedestrian stop of Curry, who was walking away from the [...]

The Court of Appeals of Georgia decided Allen v. City of Atlanta,[i] in which the court sided with an officer who was suspended without pay for a shooting in which a passenger in a car was accidentally shot when the officer was shooting at the driver.  Although the case was decided over twenty years ago, it is still applicable today because the statute interpreted by the court remains the same.   The relevant facts of Allen, taken directly from the case, are as follows: Atlanta Police Officer Kenneth Allen and two other officers were on duty in Gilliam Park where there [...]

In Williams v. Boehrer,[i] the Eleventh Circuit Court of Appeals examined whether two deputies that shot a man with a knife were entitled to official immunity from suit under state law. The relevant facts of Williams, taken directly from the case, are as follows: David Nave Jr. started a fire in his bedroom in an apartment that he shared with his mother, Janice Williams. Williams tried to call 911 to report the fire and inform the dispatcher that Nave might still be inside, but before she could complete the call, several neighbors told her that they had already called 911 [...]

  In Lombardo v. St. Louis,[i]  the United States Supreme Court considered decisions by a Federal District Court as well as the United States Court of Appeals for the 8th Circuit and overturned the lower courts’ decisions to dismiss the lawsuit.  The United States Supreme Court laid out the facts of the case as follows: On the afternoon of December 8, 2015, St. Louis police officers arrested Nicholas Gilbert for trespassing in a con­demned building and failing to appear in court for a traffic ticket. Officers brought him to the St. Louis Metropolitan Police Department’s central station and placed him [...]

On June 11, 2020, the Eleventh Circuit Court of Appeals decided the United States v. Yarbrough[i], which serves as an excellent review of the law related to protective sweeps of residences.  In Yarbrough, a detective received “unverified, anonymous phone calls and e-mails” that stated there was “a lot of traffic” and “possible” drug activity at Yarbrough’s house.  The detective conducted a record check on the residents and learned the Yarbrough and his wife, Shellie, both had outstanding arrest warrants.  The detective went to the residence to serve the warrants but was unsuccessful.  On August 31, 2016, the detective went to [...]

On June 8, 2020, the Tenth Circuit Court of Appeals decided the United States v. Morales[i], which serves as an excellent review of the law related to the “scope” of an investigation. The relevant facts of Morales, taken directly from the case, are as follows: 1. Initial Traffic Stop (Minutes 1 to 10) At around 1 a.m. on March 9, 2019, Officer Mitchell Phillips of the Pryor Police Department stopped a Toyota driven by Mr. Morales on an interstate highway for activating fog lamps in violation of 47 Okla. Stat. Ann. § 12-217.2 Officer Phillips asked Mr. Morales and Victor [...]