OFFICERS SUED FOR WARRANTLESS HOME ENTRY AND EXCESSIVE FORCE RESPONDING TO CALL OF EMOTIONALLY DISTURBED PERSON
On December 26, 2024, the Eighth Circuit Court of Appeals decided Dimock v. City of Brooklyn Ctr.[i], which serves as an excellent review regarding home entry and the use of deadly force. The relevant facts of Dimock are as follows: On August 31, 2019, Erwin B. Heisler called 911, saying that his grandson had threatened him with a knife and hammer. After answering questions for about one minute, Heisler hung up, saying "Oh, forget it." From dispatch, officers learned that a 21-year-old man was fighting with his grandfather, that he had a hammer and a knife, and that Heisler called [...]
Supreme Court Case: Case v Montana
From the United States Supreme Court Officers do not need Probable Cause to Enter a Home when Entering due to a Belief that an Occupant is in Peril. In such Cases, the Standard for Entry is an “objectively reasonable basis for believing” that an occupant faces serious danger.[1] Case v. Montana, 2026 U.S. LEXIS 432 (1/2026). The United States Supreme Court outlined the facts facing law enforcement as follows: This case began with an alarming phone call—from petitioner William Case to his ex-girlfriend J. H., both residents of a small town in Montana. Case told J. H. on the call that [...]
VEHICLE IMPOUNDS AND REASONABLENESS UNDER THE FOURTH AMENDMENT
On December 15, 2023, the Tenth Circuit Court of Appeals decided the United States v. Ramos[i], which serves as an excellent review of the law related to vehicle impounds conducted incident to arrests. The incident occurred at 11:51 p.m., on February 13, 2022, at the Hop & Sack Convenience Store, where Officer Puentes of the Frederick Police Department received a dispatch regarding a disturbance. When Officer Puentes arrived, he observed two men, Ramos and Hogan, in a physical altercation. He recognized both men, as the Town of Frederick is a small town, and Officer Puentes grew up there. In fact, [...]
ELEVENTH CIRCUIT HOLDS TASER REASONABLE WHERE PASSENGER PUSHED OFFICER AND FLED TRAFFIC STOP
On October 18, 2024, the Eleventh Circuit Court of Appeals decided Coriell v. Snyder[i], in which the court examined whether an officer violated the Fourth Amendment when the officer tased a passenger on a traffic stop when the passenger pushed the officer and fled on foot. The relevant facts of Coriell are as follows: Snyder pulled over a vehicle for a routine traffic stop because it was missing a license plate. In addition to the driver, there were two passengers in the car, including Coriell. Before questioning the driver about the missing license plate, Snyder asked for identification from the [...]
NINTH CIRCUIT HOLDS NO CONSTITUTIONAL VIOLATION WHEN OFFICERS SHOOT SUSPECT ATTEMPTING TO RESUME DANGEROUS FLIGHT IN VEHICLE
On August 23, 2024, the Ninth Circuit Court of Appeals decided Williams v. City of Sparks[i], in which the court examined whether officers were entitled to qualified immunity when they shot Williams, who had just led them on a forty-two-minute vehicle pursuit and then attempted to resume flight after officers used their vehicles to physically block his truck. The relevant facts of Williams are as follows: On May 5, 2020, at around 12:10 AM, SPD dispatch received a 911 call from a gas station that a male suspect had stolen alcohol and was "vandalizing" a vehicle in the parking lot. [...]
DOES A HOLDOVER HOTEL GUEST HAVE A REASONABLE EXPECTATION OF PRIVACY IN THE MOTEL ROOM?
On September 24, 2024, the Court of Appeals of Georgia decided Couch v. State[i], in which the court examined whether a hotel guest that remained in the room past the check-out time, without permission of the motel, still had a reasonable expectation of privacy in the room under the Fourth Amendment. The relevant facts of Couch are as follows: On the morning of November 15, 2019, a law enforcement officer went to a hotel in search of a fugitive. From a photograph, the hotel's front desk clerk recognized the fugitive as someone “associated with” a room in the hotel that [...]