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Case Law Blog


When a TASER Becomes Deadly Force: A $100 Million Mistake
The Eleventh Circuit reminds officers that it's not always the weapon—it may be the environment that determines whether force is constitutionally "deadly." Over the past decade, courts have routinely described conducted energy weapons (CEWs), commonly referred to as TASERs, as intermediate force, not deadly force. That classification has shaped countless use-of-force decisions and training programs. But as every use-of-force instructor knows, no force option exists in a vacuu
5 hours ago5 min read


When Mental Illness Meets an Active Shooter: The Fourth Circuit Draws the Line on ADA Liability
Morgan v. City of Charlotte, No. 23-1748 (4th Cir. June 29, 2026). TL;DR The Fourth Circuit affirmed summary judgment for officers who shot a mentally ill man after he repeatedly threatened neighbors, fired what appeared to be a real handgun into a residential neighborhood, and refused commands to disarm. The court held that the use of deadly force was objectively reasonable under the Fourth Amendment and that the City did not violate the ADA because officers made reasonable
4 days ago5 min read


Knock, Announce... But Don't Expect Suppression: Florida Supreme Court Rewrites Search Warrant Law
State v. Times, No. SC2024-0647 (Fla. June 25, 2026) TL;DR In a major shift in Florida search-and-seizure law, the Florida Supreme Court held that evidence will no longer be suppressed solely because officers violate Florida's statutory knock-and-announce requirement while executing a valid search warrant. In doing so, the Court expressly overruled its 2010 decision in State v. Cable, aligning Florida with the United States Supreme Court's decision in Hudson v. Michigan. Why
Jul 53 min read


No, the Supreme Court Did Not Ban Geofence Warrants: What It Actually Held—and What It Didn't
Chatrie v. United States, 609 U.S. ___ (2026) TL;DR The Supreme Court held that law enforcement conducts a Fourth Amendment search when it compels Google to disclose a user's historical Location History data through a geofence warrant. The Court concluded that individuals maintain a reasonable expectation of privacy in this highly detailed location information, despite Google's possession of the data. Importantly, however, the Court did not decide whether the geofence warrant
Jul 16 min read


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
Jun 285 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
Jun 255 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
Jun 236 min read


Can the Government Take Your Guns Because You Smoke Marijuana? The Supreme Court Says No.
United States v. Hemani, 608 U.S. ___ (2026) TL;DR The Supreme Court held that the federal government's prosecution of Ali Hemani under 18 U.S.C. § 922(g)(3)—the statute prohibiting firearm possession by unlawful users of controlled substances—violated the Second Amendment as applied to him. The government attempted to disarm Hemani solely because he admitted using marijuana several times per week, despite no evidence that he was intoxicated while possessing a firearm, danger
Jun 216 min read
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