Legal Update: Supreme Court Rejects the “Moment of Threat” Rule
Larry E. Holtz, Esq. In Barnes v. Felix, 605 U.S. ___ (5/15/2025), the United States Supreme Court determined that, in assessing whether an officer acted reasonably in using force, a court may not simply consider the precise moment of the threat. According to the Court, the “moment-of-threat” rule improperly narrows the proper Fourth Amendment analysis. “To assess whether an officer acted reasonably in using force, a court must consider all the relevant circumstances, including facts and events leading up to…
