Category Archives: Excessive force

CA6: Merely alleging pat-down search was done “without a legitimate reason” doesn’t state a 4A claim; more required

“Merely alleging that Jones’ conducting pat-down searches ‘without a legitimate reason’ is insufficient to state a plausible claim of a Fourth Amendment violation. Under the Fourth Amendment, ‘[t]he touchstone of whether a given search or seizure is reasonable is whether … Continue reading

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E.D.Pa.: Protective sweep was properly limited and cell phones in plain view could be seized if it was readily apparent they were evidence

The officers’ protective sweep was justified by the facts, and it was constrained to areas large enough to hide a person. In plain view were two cell phones that were properly seized and then later searched with a warrant. United … Continue reading

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D.Minn.: Def was a parole absconder with a cell phone; PC existed for a warrant for a ping of the cell phone to find him

Defendant was a state parole absconder, and the officers got a warrant for a tracking order on the phone to find him, and it was issued with probable cause he’d be found with his phone. In any event, the good … Continue reading

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ABC News: After police shot the wrong man, city’s lawyer argues man didn’t have constitutional rights because he was undocumented

ABC News: After police shot the wrong man, city’s lawyer argues man didn’t have constitutional rights because he was undocumented by Meghan Kenally. Except undocumented people have Fourth Amendment rights. I.N.S. v. Lopez-Mendoza, 468 U.S. 1032 (1984).

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Forbes: Sleeper Supreme Court Case Could Make Suing Rogue Federal Agents Almost Impossible

Forbes: Sleeper Supreme Court Case Could Make Suing Rogue Federal Agents Almost Impossible by Nick Sibilla:

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CA3: Ptf’s stabbing a police dog, which he threatened to do if they had it attack him, didn’t justify deadly force in shooting him seven times

Police were in a stand off with plaintiff who had a knife, and they had guns and a dog. Frustrated that he wouldn’t comply, officers threatened to unleash the dog on him if he didn’t put down the knife. Plaintiff … Continue reading

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CA2: US citizen jailed without PC as an undocumented immigrant states a FTCA claim

A federal tort claims act case was properly stated for an American citizen plaintiff’s four day detention in an immigration facility as lacking probable cause. Hernandez v. United States, 2019 U.S. App. LEXIS 28081 (2d Cir. Sept. 17, 2019). Defendant … Continue reading

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OH6: Trial court didn’t commit plain error in not inquiring into drug dog’s training when defense didn’t

The trial court did not commit plain error in not inquiring into the drug dogs training when defendant didn’t raise it. State v. Jones, 2019-Ohio-3704, 2019 Ohio App. LEXIS 3777 (6th Dist. Sept. 16, 2019). The particulars of a drug … Continue reading

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IL: Disorderly conduct can justify a Terry stop

Police received a 911 call about a man with a blue hoodie on a bicycle shouting profanities. Because the call was to 911 and recorded and logged with caller ID, it was more reliable. On seeing the man, the officer … Continue reading

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CA6: Tightening handcuffs more when arrestee complains and threatening her life overcame QI

“A group of masked City of Detroit police officers broke down plaintiff Katrina McGrew’s door, threw her to the ground, and handcuffed her so tightly it left bruises. When she complained about how constricting the handcuffs were, the officers threatened … Continue reading

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VI: RS exists on smell of marijuana in a car even though locally small amounts of MJ was decriminalized

Despite decriminalization of small amounts of marijuana in VI, reasonable suspicion of possession of a small amount of marijuana is still contraband (an issue already settled here) that can justify a stop. Here, officers were watching a high crime area … Continue reading

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OH5: Failure to put SW affidavit into evidence denies review of PC determination

Appellant failed to put the affidavit for search warrant into evidence at the suppression hearing, so it is unavailable for review on whether it showed probable cause. State v. Hill, 2019-Ohio-3432, 2019 Ohio App. LEXIS 3524 (5th Dist. Aug. 27, … Continue reading

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