Legal Update Archives - Page 2 of 19

Silenced Speech: The Supreme Court and the Battle Over Retaliatory Arrests

In a recent case coming out of Capitol Hill, the Supreme Court issued a highly anticipated decision that grapples with retaliatory arrests, First Amendment freedoms, and the scope of the Nieves v. Bartlett “probable cause” exception. Gonzales v. Trevino reached the High Court after Sylvia Gonzalez—a 72-year-old councilwoman from Castle Hills, Texas — was arrested and charged for violating a state law that prohibits […]

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Sixth Circuit Upholds Evidence in US v. Daniel: Examining the Good-Faith Exception in Probable Cause

Today’s case comes to us from the Sixth Circuit Court of Appeals decision in US v. Daniel [1]. For today’s training, we will consider an officer’s reasonable reliance on probable cause in the context of a search warrant, while exploring the boundaries of the good-faith exception. This case made its way to the Sixth Circuit after the defendant, Alejandro Daniel, was indicted for conspiracy

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Navigating the Thin Line: Unraveling the Duty of Care in Law Enforcement Amidst Moral and Legal Dilemmas

In a world where every decision counts, understanding the nuances of Duty of Care, a topic of paramount importance in today’s fast-evolving legal landscape, has never been more critical. As we stand at the juncture of change and responsibility, we must address the pressing, highly controversial question: “Do officers have a duty to care to intervene in crises, and what constitutes this duty in

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Bronx Battleground: Unpacking Fourth Amendment Tensions in US v. Hagood

The Second Circuit Court of Appeals, in the case of United States v. Hagood, recently explored the delicate balance between law enforcement prerogatives and Fourth Amendment protections. Taking place on the streets of the Bronx, New York, the defendant, Hagood, was arrested and charged with possession of a firearm after he had previously been convicted of a felony. The defendant moved to suppress the

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Navigating the Slippery Slope of Free Speech and Retaliation in the Murphy v. Schmitt Case

The Eight Circuit’s recent decision in Murphy v. Schmitt highlights the fine balance between the First Amendment right to free speech, retaliatory claims, unlawful detention, and the discretionary powers of law enforcement officers. The central conflict in this case stems from a contentious encounter between Officer Michael Schmitt of Sunrise Beach and a local pedestrian, Mason Murphy. Before delving into the details of Murphy

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Deadlifts, De-escalation & Deadly Force: Ninth Circuit’s Deliberation on Qualified Immunity Amidst Gym Confrontation in Smith v. Agdeppa

The Ninth Circuit Court of Appeals, in the case of Smith v. Agdeppa, recently explored the parameters of qualified immunity in a case where two police officers faced an intense confrontation with a suspect at a Los Angeles Gym.1 The subsequent use of deadly force by Officer Edward Agdeppa led to legal action by the deceased’s mother, Paulette Smith. She contended that her son’s

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Duty, Dilemma, and Decisions: Leonard v. Silva’s Spotlight on Use-of-Force during Mental Health Turmoil

In a recent decision, Leonard v. Silva, et al., the Eleventh Circuit Court of Appeals addressed a pressing issue currently dominating the law enforcement profession.1 This pivotal case brings to the fore the nexus between § 1983 claims for excessive use of force and the intricate challenges law enforcement officers confront when responding to mental health crises in healthcare settings. The insights offered from

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Knock, Announce, and the Fourth Amendment: Lessons from Penate v. Sullivan on SWAT Protocols and Constitutional Rights

The First Circuit Court of Appeals’ decision in Penate v. Sullivan, offers a detailed examination of SWAT team entries and the significance of the knock-and-announce principle for upholding individuals’ constitutional rights as guided by the Fourth Amendment.1 This case originated out of Worcester, Massachusetts, where police were called to respond to a distraught woman’s report of sexual assault. With the victim’s assistance, the police

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Force, Flight & Immunity: A Dive into the Controversy of Parsons v. City of Ann Arbor

The Court of Appeals for the Sixth Circuit issued a decision in Parsons v. City of Ann Arbor, a case that grapples with the issues of qualified immunity, alleged excessive use of force, and state law assault and battery allegations. The situation stemmed from a heated encounter between a law enforcement officer and an uncooperative individual during an investigatory detention outside of a local

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Canine Conundrum: Police Dogs, Excessive Force, and Fourth Amendment Jurisprudence

The Court of Appeals for the Fourth Circuit issued a decision in Putman v. Harris, a case that centers on an alleged use of excessive force during the seizure of a potentially armed person, threatening self-harm and suicide.1 The plaintiff in this case, Dillard Putman, raised a 42 U.S.C. §1983 claim, where he accused the defendant Officer of infringing upon his Fourth Amendment rights

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