Moment of Threat vs. Totality of the Circumstances

Good Morning, it’s Monday, January 6th, 2025. Happy New Year! Here’s to a safe and prosperous 2025.

🎯 TODAY'S POLL

🗓️ What to Expect in This Issue:

•  Last Week in Policing: Key takeaways from this past week.

•  Legal Update: Moment of Threat vs. Totality of the Circumstances

• January Webinar: A false complaint that threatened your record?

• A Few Things You Might Enjoy: Start your shift off right 🔥

 📚 Last Week’s Recap: Dec 23– Dec 29, 2024

Here’s what went down in law enforcement last week:

👮‍♂️ Weekly Line of Duty Deaths: 0

📰 In the News:

🔎 FBI Warns of Potential New Orleans Attack Copycats

Portland-area law enforcement is on alert after the FBI issued a caution about possible copycat incidents following the New Orleans terror attack threat.
Read More

🎥 Ohio Gov. DeWine Signs Bill Charging Public for Police Footage

A new Ohio law will require fees for accessing police videos—including body cam recordings—sparking debate about transparency and public access.

🏛 Legal Update
Is the Supreme Court About to Redefine Police Use of Force?
(Barnes v. Felix could unify how courts judge officers’ actions.)

Case Snapshot

• Who: Officer Roberto Felix and motorist Ashtian Barnes

• What: A traffic stop that ended in the fatal shooting of Barnes

• When: April 28, 2016, in Houston, Texas

• Why It Matters: The Supreme Court may resolve the split between two competing legal standards, changing how courts and law enforcement assess use-of-force incidents.

What Happened

Officer Felix pulled over Barnes for unpaid toll violations. During the stop, Barnes’s car began to roll forward. In response, Officer Felix fired his weapon, killing Barnes. Barnes’s family sued, alleging excessive force. Lower courts found in favor of Officer Felix, citing qualified immunity under the “Moment of Threat” doctrine.

The Two Competing Standards

1. Moment of Threat Doctrine

   • Focuses only on the threat the officer faced at the exact time force was used.

   • Used by the Fifth, Second, Fourth, and Eighth Circuits.

2. Totality of the Circumstances

   • Examines all factors leading up to and including the use of force (e.g., prior actions, potential de-escalation).

   • Followed by the First, Third, Sixth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits.

Why It Matters

• A Supreme Court ruling in Barnes v. Felix could unify these standards and reshape how courts and police agencies nationwide evaluate use-of-force incidents.

• If “totality of the circumstances” is favored, training and policies may shift to emphasize de-escalation and earlier decision-making.

What’s Next

• Oral Arguments: January 22, 2025

• Implication: A ruling could alter law enforcement practices and affect how future claims of excessive force are judged.

Stay tuned for updates as this case moves closer to a final decision.

📚 January Webinar
Ever experienced…

• A false complaint that threatened your record?

• A sudden shift change that disrupted your life?

• A supervisor who discriminated, leaving you powerless?

As an officer, these real-life scenarios can derail your career—fast.

Why You Need This Webinar

• Protect Your Rights: Understand how to handle retaliation, discrimination, and contract disputes.

• Stay Prepared: Arm yourself with proven strategies from a former deputy-turned-attorney who’s been in your shoes.

• Secure Your Future: Gain clarity and confidence to safeguard your badge and your career.

Attend “Navigating Workplace Challenges: Labor Law Insights for Officers”

• Date & Time: January 23rd, 7 pm EST (Recording provided)

• Where: welcometothestreet.com/c/webinars

Don’t let workplace hurdles define your future. Reserve your spot now and take back the control you deserve.

 💪🏽 A Few Things You Might Enjoy

• AI Cop Toolkit: Our go-to resource for making policing easier with 100+ ChatGPT prompts. It’s a quick read, and it could save you time and headaches.

• First Amendment Auditors Webinar: It’s never fun to be caught off guard. This session digs into the do’s and don’ts, helping you be more prepared next time a camera is pointed your way.

• Pursuit Redy Playlist: Check out the pursuit-ready playlist to motivate you and start your shift on the right foot.

• Share the newsletter. Forward this email to your shift or any other cop who could use it.