Legal Update

Video, Use of Force, and Qualified Immunity

Dashcams and body-worn cameras can be both a blessing and a curse for law enforcement. They allow for the court system to view an incident in real time, but they sometimes cloud perception and make it difficult to not view an incident with 20/20 hindsight. In Cunningham v. Shelby County[i] Deputies Paschal and Wiggins appealed a case through the Sixth Circuit Court. Paschal and Wiggins were […]

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Circuit Courts of Appeals – July 2021

Fourth Circuit  United States v. Buzzard, 2021 U.S. App. LEXIS 17518 (4th Cir. WV June 11, 2021)  Around 1:30 a.m., a police officer pulled over a car for a defective brake light. Jason Buzzard was driving, and Paul Martin was in the passenger seat of the car. When the officer made contact with the Buzzard, he requested Buzzard’s license, registration, and proof of insurance.

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Half In, Half Out

On June 28th, Supreme Court Justice Clarence Thomas released a statement pertaining to the federal ban on the cultivation and use of marijuana within states where he noted that it “may no longer be necessary or proper.” This statement was made in connection with the denial of a petition for a writ of certiorari to the Supreme Court of the United States (SCOTUS) in

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Rising to Meet the Challenge: Is Your Agency’s Response to Crowd Control Events Up to Snuff?

Law enforcement agencies in the United States know all too well the importance of protecting individuals’ First Amendment rights during mass demonstrations. But what happens when officers find themselves in the crosshairs of the demonstrators’ rage? This is the challenge faced by officers more and more, particularly after the in-custody death of George Floyd on May 26, 2020. Faced with the dichotomy between protecting

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SCOTUS: Lange v. California

On June 23, 2021, the United States Supreme Court (SCOTUS), in Lange v. Californiai examined whether pursuit of a fleeing misdemeanor suspect always qualifies as an exigent circumstance. SCOTUS unanimously held that it does not. Facts The defendant, Arthur Lange, was convicted of driving under the influence (DUI) of alcohol. One night in 2016, Lange was on his way home when he drove past a California highway patrol officer while playing loud music with his windows down and

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SCOTUS: Excessive Force

On June 28, 2021, the Supreme Court of the United States (SCOTUS) examined the topic of excessive force in the case of Lombardo v. City of St. Louis. In an unsigned opinion — and over the dissents of three justices — SCOTUS threw out the 8th Circuit Court ruling in favor of the officers—which dismissed the excessive force suit filed by the man’s parents—and

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Casual Miranda Rights – Eighth Circuit

In today’s case out of the Eighth Circuit Court of Appeals we encounter two known drug users and Miranda rights. As a reminder, you are required to provide Miranda warnings when conducting a “custodial interrogation”. A person is in “custody” for Miranda, purposes, when there is a formal arrest, or you are restraining the person’s freedom of movement to the degree associated with a formal arrest. To determine whether a person was in custody, the court

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SCOTUS: Borden v. United States

On June 10, 2021, the United States Supreme Court (SCOTUS), in Borden v. United States, examined whether, under the Armed Career Criminal Act (ACCA), 18 U.S. §924(e), crimes involving recklessness constitute “violent felonies” for sentence enhancement purposes. A fractured court ruled that it does not. Facts This case involved a provision of ACCA that imposed a 15-year minimum on anyone convicted of being a

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