Category Archives: Excessive force

USA Today: Police kill far too many people during traffic stops. We must change why stops are made.

USA Today: Police kill far too many people during traffic stops. We must change why stops are made. by Finesse Moreno-Rivera (“Police have killed more than 1,000 Americans this year – more than any other point in the past decade, … Continue reading

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CA2: Not unreasonable here to use flashbang device in execution of SW

Defense counsel was not ineffective for not challenging the use of a flashbang device in execution of the search warrant at defendant’s home. The Fourth Amendment does not usually require limits on how the warrant should be executed. Here, it … Continue reading

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E.D.Ark.: Inmate states claim against Sheriff and jail phone provider that privileged attorney calls were turned over to police

Plaintiff Texas inmate was in an Arkansas county jail in 2015-17, and he discovered in 2021 through his current defense lawyer that the county jail phone contractor turned over telephone calls between him and his criminal defense lawyer to the … Continue reading

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E.D.N.Y.: A single incident of legal mail being opened in jail doesn’t state a claim

A single incident of legal mail being opened before it got to plaintiff in a county jail doesn’t state a constitutional violation. Braithwaite v. Suffolk Cty. N.Y., 2022 U.S. Dist. LEXIS 204233 (E.D.N.Y. Nov. 9, 2022). There is no reasonable … Continue reading

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D.Neb.: Affidavits for SWs are judged by what they contain, not what they lack

Affidavits for search warrants are judged by what they contain, not what they lack. United States v. Cass, 2022 U.S. Dist. LEXIS 195502 (D. Neb. Sep. 30, 2022), adopted, 2022 U.S. Dist. LEXIS 197043 (D.Neb. Oct. 26, 2022). It was … Continue reading

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CA9: In excessive force case, those that did not shoot get QI; facts on those that did are in dispute

Officers who actually fired their weapons here do not get qualified immunity, but those who did not do. Peck v. Montoya, 2022 U.S. App. LEXIS 28822 (9th Cir. Oct. 18, 2022):

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CA7: 4½ days to figure out ptf was innocent didn’t violate 4A or 14A

“Eli Martinez spent four and a half days in custody while he tried to explain to his jailers that his brother, Hector M. Rodriguez, was the one described in an arrest warrant. After Martinez was released, he sued two probation … Continue reading

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CA5: Standard of review for QI in excessive force cases

In this excessive force case, the Fifth Circuit discusses qualified immunity in the heat of a confrontation. Henderson v. Harris County, 2022 U.S. App. LEXIS 28436 (5th Cir. Oct. 12, 2022). The standard of review:

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CA5: Motel owner who opened room door without police asking was a private actor

Police attempted a knock-and-talk at a motel, but no one opened the door. The motel owner here was watching so he opened the door on his own. He asked the officers before he did, but they said they needed a … Continue reading

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E.D.Mo.: Policy of using SWAT team to enter without announcing in every drug case states a failure to train claim

Plaintiff’s unarmed decedent was shot and killed by the St. Louis PD SWAT team in a no-knock drug raid of the wrong house. Plaintiff stated a claim that the affidavit for search warrant omitted critical facts that undermined probable cause. … Continue reading

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W.D.Wash.: Dog sniff in apt building breezeway violated no REP, and it was moot anyway

On the totality, there was probable cause for cell phone search warrants. One can attempt to explain away the pieces, but the totality shows it. A dog sniff in the breezeway of an apartment complex violated no reasonable expectation of … Continue reading

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CA9: Oral amendment to SW to add a place to be searched never incorporated violates 4A, but GFE here because no controlling authority

Officers had a search warrant for plaintiff’s hotel room searching for evidence of a drug operation. They called the issuing judge for permission to search plaintiff’s home under the same affidavit, which was orally granted, but the warrant was not … Continue reading

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DDC: Delay in return of seized cell phone not necessarily unreasonable; Rule 41(g) provides procedural due process

DC Metro police seized numerous cell phones from BLM protestors, and they sued to recover them. The DC police policy wasn’t followed, but only by negligence, and that doesn’t state a claim against it. Rule 41(g) applies despite lack of … Continue reading

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CA6: No QI for 3 strip searches a day for inmate in segregation

Plaintiff’s prison warden denied qualified immunity for ordering three strip searches a day on plaintiff when he was in segregation. Fugate v. Erdos, 2022 U.S. App. LEXIS 23208 (6th Cir. Aug. 18, 2022). “The defendant officers were attempting to locate … Continue reading

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CA10: Pre-PC hearing jail excessive force claim is a 4A claim, not 14A

A jail excessive force case that happened before plaintiff’s probable cause hearing is a Fourth Amendment claim, not under the Fourteenth Amendment. Geddes v. Weber Cty., 2022 U.S. App. LEXIS 22719 (10th Cir. Aug. 16, 2022):

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S.D.Ga.: Govt’s motion to reopen suppression hearing after R&R is granted

The government didn’t like the R&R so it moved to put on additional evidence before the USMJ. Granted. “Therefore, in light of the Court’s ‘responsibility to make an informed decision’ on Wright’s suppression motion, Khan, 2018 WL 2214813, at *2, … Continue reading

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CA7: The question is not whether def committed a traffic violation, it’s whether the officer reasonably believed he did

“‘[T]he question … is whether [the officer] reasonably believed that he saw a traffic violation, not whether [the defendant] actually violated the [law].’ Cole, 21 F.4th at 428.” United States v. Yang, 2022 U.S. App. LEXIS 19125 (7th Cir. July … Continue reading

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NY Bronx: SDT for text message information was overbroad; SW should be sought instead

The court concludes a subpoena duces tecum to T-Mobile for text message information was overbroad. The court recommends the state apply for a search warrant instead. People v. Nelson, 2022 NY Slip Op 50630(U), 2022 N.Y. Misc. LEXIS 2968 (Bronx … Continue reading

Posted in § 1983 / Bivens, Excessive force, GPS / Tracking Data, Overbreadth, Subpoenas / Nat'l Security Letters | Comments Off on NY Bronx: SDT for text message information was overbroad; SW should be sought instead

E.D.Ark.: Def’s statements disassociating himself from the premises searched showed no standing

Defendant had some connection to the premises, but his disassociation from the premises when asked about it by the police showed his lack of standing. “To resolve his motion to suppress, however, the Court need not determine whether these possessory … Continue reading

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CA5: Def’s actions showed he consented to entry into house

The evidence supports the district court’s conclusion defendant consented to the second entry of his home. His actions and turning to lead officers into his house showed consent. United States v. Lozano, 2022 U.S. App. LEXIS 16894 (5th Cir. June … Continue reading

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