Videos tagged with Risk of Flight Doctrine

This video provides an expert-level analysis of the Supreme Court case Barnes v. Felix, focusing on a 9-0 unanimous decision regarding excessive force and the Fourth Amendment. It details how the Fifth Circuit allegedly ignored the Supreme Court's initial ruling by creating a 'risk of flight' doctrine, which plaintiffs argue conflicts with established precedent like Tennessee v. Garner. The case is now back before the Supreme Court, with potential for significant nationwide implications on police use of deadly force.

The Supreme Court issued a unanimous 9-0 decision in Barnes v. Felix, clarifying that excessive force claims must be evaluated under the 'totality of the circumstances,' not just the 'moment-of-threat.' The 5th Circuit's subsequent ruling, which introduced a 'risk-of-flight' doctrine allowing deadly force for fleeing vehicles, directly conflicts with established precedent like Tennessee v. Garner. This conflict has led to a new Supreme Court petition, potentially setting a crucial precedent on when law enforcement can use deadly force.