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SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims
Loaded on May 15, 2025
by David Kim
published in Criminal Legal News
June, 2025, page 42
Filed under:
Shootings,
Police--Excessive Force,
Excessive Force (Police),
Fourth Amendment, rights.
Location:
Texas.
The Supreme Court of the United States held that courts may not apply the “moment-of-threat” doctrine when evaluating the reasonableness of police officers’ use of deadly force involving claims of excessive force in violation of the Fourth Amendment because the doctrine improperly narrows the requisite inquiry into the “totality of ...
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More from this issue:
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- Policing the Vulnerable: The Criminalization of Disability, by Casey Bastian
- Los Angeles Criminal Legal System Undermined by Months of Faulty DNA Testing, by Jo Ellen Nott
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, by David Reutter
- Maryland Reforms Offer Second Chances on Expungement and Parole, by Jo Ellen Nott
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- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), by Sagi Schwartzberg
- Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement, by David Kim
- The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure, by David Kim
- Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment, by Jeffrey Cohen
- Illinois ‘Murderer’ Registry Punishes More Than It Protects, by Jo Ellen Nott
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, by Anthony Accurso
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- Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns, by David Kim
- Bipartisan Legislative Wins in Virginia and Utah Expand Job Opportunities for Formerly Incarcerated Individuals, by Jo Ellen Nott
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- Fingerprints as New Drug-Detection Method, by James Mills
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- SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims, by David Kim
- ‘Sexome’ Bacteria Offers New Path to Justice in Sexual Assault Cases Where DNA Is Not Present, by Jo Ellen Nott
- Georgia Eliminates Legal Standard That Sent Intellectually Disabled Prisoners to Death Row, by David Kim
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More from David Kim:
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- Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission, Aug. 1, 2025
- Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute, Aug. 1, 2025
- The Quiet Transformation of Government Data into a Mass Surveillance Tool, Aug. 1, 2025
- The Arrival of REAL ID: National ID Cards and Internal Passports in America, Aug. 1, 2025
- Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings, Aug. 1, 2025
- Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release, Aug. 1, 2025
- SCOTUS Announces ‘Economic Loss’ Not Required to Violate Federal Wire Fraud Statute, July 1, 2025
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- News in Brief, July 1, 2025. Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony.
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- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025. Administrative Exhaustion (PLRA), Shootings.
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