When Pepper Spray Becomes Excessive Force: Fifth Circuit Says Distance, Threat, and Restraint Matter
Sanchez v. Nunemaker, No. 25-50596 (5th Cir. June 23, 2026) TL;DR The Fifth Circuit held that a deputy was not entitled to qualified immunity after allegedly deploying a high-velocity pepper spray device directly into the eye of a handcuffed, seat-belted suspect from approximately half the manufacturer's recommended minimum safe distance. Although the suspect had been arrested for serious crimes and remained disruptive, the court emphasized that the constitutional analysis tu
5 min read
Good Faith Saves the Search: When a Close Probable Cause Call Isn't Enough to Suppress the Evidence
United States v. Bolden, No. 25-1734 (7th Cir. June 12, 2026) TL;DR The Seventh Circuit upheld a search warrant even though the court acknowledged probable cause was a "close" question. Officers saw a convicted felon carrying a handgun into a residence, obtained a warrant, and recovered guns, drugs, ammunition, and over $50,000 in cash. The defendant argued the warrant lacked probable cause and contained misleading statements. The court sidestepped the probable cause issue an
5 min read
Fleeing with a Gun: Sixth Circuit Upholds Officers’ Use of Deadly Force in Convenience Store Shooting
Ward v. Brotzke, No. 25-1653 (6th Cir. June 12, 2026) TL;DR The Sixth Circuit held that Detroit police officers were entitled to qualified immunity after shooting a suspect who ignored commands, pulled a handgun from his pocket, and ran toward the exit of a convenience store. The court found that one officer who fired and missed never "seized" the suspect under the Fourth Amendment because the suspect continued fleeing. The officer who struck the suspect acted reasonably unde
6 min read