Supreme Court Rejects “Moment of Threat” Doctrine in Deadly Shooting Case
Yesterday, the Supreme Court decided Barnes v. Felix, an important Fourth Amendment case for law enforcement involving the Fifth Circuit’s “moment of threat” doctrine, which only analyzes the reasonableness of the use of force at the moment the officer deploys deadly force. In a unanimous opinion, the Supreme Court rejected the Fifth Circuit’s narrow formulation, concluding the proper test is the “totality of circumstances” test and underscoring that a court “cannot review the totality of the circumstances if it has...