Swear on the Stand

This is a Fifth Circuit Court of Appeals case regarding the fatal shooting of Ashtian Barnes by Officer Roberto Felix, Jr. during a traffic stop.  The Barnes family sued Felix and Harris County, alleging excessive force, but the district court granted summary judgment for the defendants.  The Fifth Circuit affirmed, adhering to its "moment of threat" doctrine, which limits the excessive force inqu...

This episode comprises the  Syllabus  and  Opinions  from the Supreme Court case of  SMITH v. ARIZONA , decided on June 21, 2024. The case addresses whether an expert witness testifying about forensic evidence violates the  Sixth Amendment's Confrontation Clause  when they convey statements made by an absent analyst as the basis for their own opinion. The Court  held  that such statements  com...

This Fifth Circuit Court of Appeals case addresses a criminal appeal concerning  Jonte Desean Turner , who was convicted of federal firearm and marijuana charges after his motions to suppress evidence were denied. The core issue is whether a  warrantless police entry and protective sweep  of Turner's apartment, followed by a  warranted search , violated his Fourth Amendment rights. The court a...

This episode presents an appeal from the Fifth Circuit Court of Appeals concerning a  false arrest claim against a Texas Game Warden , Dustin Delgado, by Joshua McClain. The majority opinion reverses the district court's denial of qualified immunity to Delgado, finding that  McClain did not demonstrate a genuine dispute of material fact  showing a constitutional violation. They conclude that Delga...

The Fifth Circuit Court of Appeals addressed a lawsuit against a canine officer for excessive force, specifically a K9 bite on an emotionally disturbed woman. The court examined whether the officer was entitled to qualified immunity, considering the severity of the situation, the threat posed by the woman, and her level of resistance. While the court found the dog bite constituted excessive force,...

The Fifth Circuit Court of Appeals' decision in  Betts v. Brennan  addresses the legality of a police officer's use of a Taser. The court examined whether the officer violated Betts' Fourth Amendment rights by using excessive force during a traffic stop. The court determined that Betts' actions, including verbal defiance and physical resistance, constituted active resistance, justifying the Taser'...

This episode examines the duty of law enforcement officers to provide medical aid after using force during an arrest.  The core question is whether summoning emergency medical services (EMS) is sufficient, or if officers must also personally render aid.  Case law reveals that the determination hinges on several factors, including the safety of officers and bystanders, the severity of injuries, the...

This is a Supreme Court opinion from June 21, 2024, addressing the constitutionality of 18 U.S.C. §922(g)(8), which restricts firearm possession for individuals subject to domestic violence restraining orders. The Court, referencing prior Second Amendment cases  Heller  and  Bruen , holds the statute constitutional, finding it consistent with historical traditions of disarming individuals posing c...

The Fourth Circuit Court of Appeals addressed the case of  Putman v. Harris , examining the legality of a K-9 officer using his dog to subdue a suicidal man.  The core issue was whether the officer's belief that Putman posed an immediate threat, justifying the use of force, was objectively reasonable.  While Putman had previously threatened suicide with a handgun, he was unarmed when encountered....

The Louisiana Court of Appeal reviewed Shantavious Bailey's convictions for felon in possession of a firearm, illegal possession of a stolen firearm, and aggravated flight. The court reversed Bailey's conviction for illegal possession of a stolen firearm due to insufficient evidence; the only evidence was an officer's NCIC database report, lacking details about the theft. However, the court upheld...

This episode presents the appeals court's opinion in  State v. Allen , affirming a 35-year sentence for a fifth-felony habitual offender convicted of marijuana distribution. The court upheld the sentence, despite arguments that it was excessive given the non-violent nature of the offenses and ameliorative changes in drug sentencing laws, because the judge considered the defendant's history and the...

The Sixth Circuit Court of Appeals  reviewed the case of  Estate of Hill v. Miracle , addressing the use of force by an officer assisting paramedics during a medical emergency.  The court established a new standard  for evaluating such situations, focusing on whether force was necessary to address an immediate threat to the patient or others and whether the force used was excessive.  Officer Mirac...

This episode discusses the pervasive issue of office politics within law enforcement agencies.  It highlights how these internal power struggles, ranging from subtle gossip to overt sabotage, negatively impact morale, efficiency, and overall agency function.  It offers strategies for officers and supervisors to mitigate these detrimental effects,  emphasizing the importance of professional develop...

The ruling in  Turner v. Driver  concerns a First and Fourth Amendment lawsuit against Fort Worth police officers who detained a man video recording their station. The court addressed whether the officers violated clearly established law regarding freedom of speech and freedom from unlawful arrest. While the court found that the officers were entitled to qualified immunity on the First Amendment c...

The Supreme Court's decision in  Tolan v. Cotton  reversed a lower court ruling granting qualified immunity to a police officer who shot a suspect.  The core issue was the lower court's improper consideration of facts , favoring the officer's account over the plaintiff's version of events during a summary judgment review.  The Supreme Court emphasized that in such cases, facts must be viewed in th...

This case, decided by the Fifth Circuit Court of Appeals, explored the application of  Fourth Amendment protections  against unreasonable searches and seizures in the context of arrests. The article focuses on whether a Taser was used excessively by officers in a situation where Beroid, the plaintiff, was allegedly resisting arrest. The court ultimately ruled that  the use of the Taser was reasona...

The case of  Bailey v. Ilesi  involved a man who was arrested for a Facebook post that authorities perceived as a threat. The Fifth Circuit Court of Appeals ultimately ruled that the arrest violated  Bailey's First and Fourth Amendment rights . The court determined that the post was protected speech under the First Amendment and that the arrest was made without probable cause, violating the Fourth...

In this episode, we discuss the Eleventh Circuit Court of Appeals' decision in the case of  Ingram v. Kubik , which involved allegations of excessive force by a deputy and a failure to properly investigate those claims by the sheriff. The article focuses on the legal arguments surrounding the case, particularly the  issue of qualified immunity  for both the deputy and the sheriff. The court determ...