Barnes v. Felix

Barnes v. Felix is a pending United States Supreme Court case on excessive force claims under the Fourth Amendment.

[4] At 2:45 pm[5] CT on 28 April 2016, 24-year-old Black man Ashtian Barnes was driving a rented silver Toyota Corolla on the Sam Houston Tollway in Houston, Texas when he was pulled over by Officer Roberto Felix Jr. of the Harris County Constable Precinct 5 due to toll violations connected to the car.

[6] When asked, Barnes could not show a driver's license nor proof of insurance, telling Felix that it may be in the trunk of the car.

Felix later claimed to have smelled marijuana, an illegal recreational substance in the state of Texas; no trace of drugs were ever found in the car nor on Barnes.

Later that day, a Black Lives Matter protest attended by Barnes' mother and father took place outside the Harris County 180th Criminal Court.

The "moment-of-theat" doctrine evaluates Fourth Amendment violations only within the context of the narrow window when the officer's safety is allegedly threatened, excluding the events that precede it.