On April 4, 2025, the Eleventh Circuit Court of Appeals decided Fleuranville v. Mia. Dade County[i], in which the court examined whether detectives did a sufficient investigation regarding rape allegations. The relevant facts of Fleuranville, taken directly from the case, are as follows: On May 11, 2018, a 74-year-old woman accused her son, Fleuranville, of sexually assaulting her on multiple occasions. The victim disclosed the sexual assaults to her daughter. The arrest affidavit contained the following statement: The victim advised that on an unknown date in November 2017, the subject called her into a bedroom in her single-family residence. Once inside, [...]

A recent 2025 decision by the United States Supreme Court, Barnes v Felix, 605 U.S. ___(2025), has changed the landscape of how Federal Courts are to evaluate Fourth Amendment claims of police use of force, more specifically, the use of deadly force. In a unanimous 9-0 decision, the Court rejected a prior restrictive legal analysis called the ‘moment of threat’ doctrine, which traditionally had shielded police officers from liability. Instead, the SCOTUS opined that a “totality of the circumstances” test should be used to analyze Fourth Amendment excessive force claims. This bright-line change has the potential to affect school resource [...]

On January 28, 2025, the Eleventh Circuit Court of Appeals decided Smith v. City of Johns Creek[i], in which plaintiffs sued a private company, Lifeline Animal Project, Inc., which provides animal control services to the city, for violating their rights under the Fourth Amendment.  The relevant facts of Smith, taken directly from the case, are as follows: Defendant Lifeline Animal Project, Inc. is a Georgia corporation that, at least as of mid-2020, was under contract with Fulton County to provide animal control services. In June 2020, an unspecified Lifeline employee went to the joint residence of Plaintiffs Dwight, Catherine, and Bryant [...]

On January 2, 2025, the Tenth Circuit Court of Appeals decided Hernandez v. Norton[i], which serves as an excellent review of the law related to accidental shootings.  The relevant facts of Hernandez, taken directly from the case, are as follows: In March 2021, an Elbert County Colorado deputy was traveling on Highway 86 when he noticed a white Ford F-350 speeding in the opposite direction. The truck had no license plates. The deputy turned around and pursued the truck, ultimately finding the vehicle parked in a nearby industrial park. The truck was locked and unoccupied. The deputy ran the truck's vehicle [...]

On December 30, 2024, the Fourth Circuit Court of Appeals decided the United States v. Wilder[i],which serves as an excellent review regarding search incident to arrest and inevitable discovery.  The relevant facts of Wilder, taken directly from the case, are as follows: These proceedings arise from Wilder's arrest on March 9, 2022, at the Marco Polo Pizzeria in Myrtle Beach, South Carolina. On that occasion, officers of the Myrtle Beach Police Department (the "MBPD") —including Officer Mohammad Channani — detained and arrested Wilder and his female companion, Ireyhanna Sinkler. Five days earlier, on March 4, 2022, the MBPD had issued [...]

On December 30, 2024, the Ninth Circuit Court of Appeals decided the United States v. In[i], which serves as an excellent review regarding the use of handcuffs during traffic (or Terry) stops.  The relevant facts of In, taken directly from the case, are as follows: On the evening of March 4, 2020, Las Vegas Metropolitan Police Department ("LVMPD") Enforcement Bike Squad Officers Haley Andersen, Daniel Diaz, and Timothy Nye engaged in a traffic stop on bicycle near Las Vegas Boulevard ("the Strip") in Las Vegas, Nevada. Officers Andersen, Diaz, and Nye saw a car with a taillight out and a California [...]