Cell Phone Search Warrant | Georgia Court Ruling
GEORGIA COURT OF APPEALS UPHOLDS SEARCH OF PHONE AT RESIDENCE PURSUANT TO A SEARCH WARRANT On October 10, 2025, the Court of Appeals of Georgia decided Leopard v. State,[i] in which the court of appeals examined whether evidence from the search of a cell phone should be suppressed. The facts, taken directly from the case, are as follows: [T]he evidence shows that in March 2018, as part of routine content moderation, a web-based photo-sharing company sent a log of uploads it had flagged as suspected child pornography to the National Center for Missing and Exploited Children. The log included the [...]
Qualified Immunity in Mass Arrests | Eighth Circuit
FIFTH CIRCUIT DISCUSSES USE OF FORCE On October 31, 2025, the Eighth Circuit Court of Appeals decided Kampas v. City of St. Louis,[i] in which the court of appeals examined whether officers were entitled to qualified immunity for making mass arrests of protesters where some of the arrestees were not involved in the protest. The facts, taken directly from the case, are as follows: In September 2017, a state court in the City of St. Louis acquitted former SLMPD Officer Jason Stockley of the murder of Anthony Lamar Smith. In response to the verdict, protests broke out across St. Louis [...]
Police Property Damage Liability | Fifth Amendment
ARE MUNICIPALITIES AND COUNTIES LIABLE UNDER THE TAKINGS CLAUSE OF THE FIFTH AMENDMENT FOR PROPERTY DAMAGE DURING POLICE EMERGENCIES? On November 4, 2025, the Ninth Circuit Court of Appeals decided Pena v. City of Los Angeles,[i] in which the court of appeals examined whether a city is liable under the Takings Clause of the Fifth Amendment when the police destroy a person’s property during a tactical operation to apprehend a fugitive. In Pena, on August 3, 2022, officers from the LAPD and Deputy U.S. Marshals were in pursuit of an armed fugitive. The fugitive fled into Pena’s print shop, kicked [...]
CHALLENGES OF LEADING A SMALLER POLICE DEPARTMENT
When Relationships Become More Important Than Responsibilities, Leadership Suffers By Rick Baker Legal and Liability Risk Management Institute National Training Director Across the United States, smaller law enforcement agencies represent a significant part of American policing. According to the U.S. Department of Justice's Bureau of Justice Statistics, 46% of local police departments employed fewer than 10 full-time-equivalent sworn officers in 2020, while 76% of sheriffs' offices employed fewer than 50. These numbers remind us of something important: Effective leadership is not determined by an agency's size, but by the commitment of those entrusted to lead it. There is something [...]
Accidental Shooting of a Hostage: 9th Circuit Ruling
DOES THE ACCIDENTAL SHOOTING OF A HOSTAGE VIOLATE THE CONSTITUTION? On November 7, 2025, the Ninth Circuit Court of Appeals decided Hawatmeh v. City of Henderson,[i] in which the court of appeals examined whether officers violated the Fourth or Fourteenth Amendments when they accidentally shot and killed a 12-year-old hostage. In Hawatmeh, Dianne Hawatmeh and her daughter, Yasmeen, were returning to their apartment when they were confronted by a neighbor, Jason Bourne, over a noise complaint that had been lodged against him. Moments later, Bourne ran toward Dianne and her daughter and forced his way into their apartment. Bourne shot [...]
Fifth Circuit Use of Force Ruling | Johnson v. Smith
FIFTH CIRCUIT DISCUSSES USE OF FORCE On November 5, 2025, the Fifth Circuit Court of Appeals decided Johnson v. Smith,[i] in which the court of appeals examined whether officers were entitled to qualified immunity for forcibly placing a suspect on the floor after she stood up and for using a knee across her buttock and lower back to keep her on the ground. The facts, taken directly from the case, are as follows: On January 17, 2023, R.C. was at a school classmate's home in Covington, Louisiana. While R.C. was there, three officers from the St. Tammany Parish Sheriff's department [...]