Category Archives: Excessive force

LA2: Arrest allegedly in violation of 4A leads to officer’s indictment, which is quashed because of justification

The officer here was charged with malfeasance in office for violating the Fourth Amendment by handcuffing a detainee for whom he was told there was an arrest warrant after he revoked consent to search: “I have someone you can talk … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off on LA2: Arrest allegedly in violation of 4A leads to officer’s indictment, which is quashed because of justification

CT: SW mentioned in a police report wasn’t Brady information

An FBI 302 mentioned a search warrant, and all of this in context did not amount to a Brady violation. Reyes v. State, 2023 Conn. App. LEXIS 272 (Nov. 28, 2023). “We conclude, based on the record, that the district … Continue reading

Posted in Excessive force, Franks doctrine, Issue preclusion | Comments Off on CT: SW mentioned in a police report wasn’t Brady information

CA5: Siccing police dog on woman in mental health crisis was excessive force; no crime involved

“Without any further attempts to subdue Sligh without the use of a dog bite, and without providing Sligh any warning that she may be subjected to a dog bite if she did not comply, Sutton sicced a dog on a … Continue reading

Posted in Cell phones, Excessive force, Good faith exception, Ineffective assistance | Comments Off on CA5: Siccing police dog on woman in mental health crisis was excessive force; no crime involved

CA11: The bodycam video showed the altercation with ptf and hospital security was reasonable

The bodycam video of plaintiff’s altercation with two hospital security guards showed they were entitled to qualified immunity. Scott v. Harris. Bouvier v. City of Covington, 2023 U.S. App. LEXIS 30822 (11th Cir. Nov. 20, 2023).* In excessive force cases, … Continue reading

Posted in Excessive force, Qualified immunity, Reasonableness | Comments Off on CA11: The bodycam video showed the altercation with ptf and hospital security was reasonable

CA8: Officer corroborated only CI’s objective information, not the crux, but that was enough for PC for automobile exception

There was no corroboration of the incriminating part of the CI’s tale that defendant, a convicted felon, kept a gun hidden under the hood of his car. “But Officer Princivalli had no reason to find Moore’s statements untrustworthy or unreliable. … Continue reading

Posted in Automobile exception, Excessive force, Informant hearsay, Seizure | Comments Off on CA8: Officer corroborated only CI’s objective information, not the crux, but that was enough for PC for automobile exception

CA11: Gov’t adequately protected against A-C materials being searched in border search of Venezuelan attorney’s cell phone; “no privileged material was ever found”

Defendant was a Venezuelan attorney whose cell phone was searched at the border. He said there likely was privileged attorney-client information on his phone, but it was searched under a DHS protocols to safeguard privileged information and legal advice was … Continue reading

Posted in Border search, Cell phones, Excessive force, Privileges | Comments Off on CA11: Gov’t adequately protected against A-C materials being searched in border search of Venezuelan attorney’s cell phone; “no privileged material was ever found”

N.D.Ala.: 4A does not require gun seen in protective sweep be immediately seized; SW was obtained

If officers saw defendant’s .22 during a protective sweep, the Fourth Amendment doesn’t require that it be seized immediately. It can be seized during execution of the later issued search warrant. A .22 is not a weapon of choice for … Continue reading

Posted in Excessive force, Issue preclusion, Plain view, feel, smell, Protective sweep | Comments Off on N.D.Ala.: 4A does not require gun seen in protective sweep be immediately seized; SW was obtained

IL: In this forfeiture seizure, the car could not be inventoried; contents were to be returned to the owner

Officers attempted a stop of a vehicle potentially involved in an earlier occurrence. Instead of stopping, the driver fled from the stop in the car. Instead of pursuing, officers had the LPN and went to where it was registered, and … Continue reading

Posted in Excessive force, Forfeiture, Inventory, Qualified immunity, Reasonable suspicion, Waiver | Comments Off on IL: In this forfeiture seizure, the car could not be inventoried; contents were to be returned to the owner

E.D.Wis.: No REP in common area of apt building, despite state law to contrary

Rejecting state law to the contrary, the district court holds that there is no reasonable expectation of privacy in the common area of an apartment building under the Fourth Amendment. United States v. Love, 2023 U.S. Dist. LEXIS 186921 (E.D. … Continue reading

Posted in Curtilage, Excessive force, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on E.D.Wis.: No REP in common area of apt building, despite state law to contrary

WI: Forensic search of electronics two months after seizure didn’t violate state statute on execution of SW

A search warrant was timely “executed” when the electronic device was seized within five days per the warrant and state law, even though the forensic search didn’t take place for two more months. “[W]e emphasize that in this appeal Drachenberg … Continue reading

Posted in § 1983 / Bivens, Excessive force, Warrant execution | Comments Off on WI: Forensic search of electronics two months after seizure didn’t violate state statute on execution of SW

CA11: Pretext for a criminal search can be an issue in administrative searches

Pretext for a criminal search can be an issue in administrative searches. “Accordingly, the district court erred in failing to recognize the existence of a genuine issue of material fact as to whether the February 2015 administrative search was focused … Continue reading

Posted in Administrative search, Excessive force, Issue preclusion | Comments Off on CA11: Pretext for a criminal search can be an issue in administrative searches

W.D.N.Y.: Parolee had standing in place searched despite his reduced REP

The R&R determined that defendant parolee had no reasonable expectation of privacy in the place searched because of his parole status alone. The District Judge disagrees, finds enough standing to contest the search, and remands to the USMJ to decide … Continue reading

Posted in Excessive force, Probation / Parole search, Reasonable suspicion, Standing | Comments Off on W.D.N.Y.: Parolee had standing in place searched despite his reduced REP

IL: Pills in knotted baggie were “immediately apparent” for plain view

Plain view: “In the case before us, the evidence showed that it was immediately apparent to Officer Yanez, i.e., he had probable cause to believe, that the white pills in the blue-tinted, knotted baggie were illegal narcotics based on his … Continue reading

Posted in Excessive force, Plain view, feel, smell, Qualified immunity, Reasonable suspicion | Comments Off on IL: Pills in knotted baggie were “immediately apparent” for plain view

DE: No standing in another’s cell phone

There’s no reasonable expectation of privacy or standing in someone else’s cell phone. State v. Hunt, 2023 Del. Super. LEXIS 775 (Sep. 19, 2023).* Defendant was mistaken that GX48 for trial was the product of a search warrant. It wasn’t. … Continue reading

Posted in Cell phones, Cell site location information, Excessive force, Good faith exception, Standing | Comments Off on DE: No standing in another’s cell phone

Two excessive force cases with qualified immunity

“A hypothetically reasonable officer in Brown’s situation would have probable cause to believe that Kohler posed a threat of serious physical harm to himself and to the other officers when he used deadly force. That officer could reasonably conclude that … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off on Two excessive force cases with qualified immunity

DE: When defense to rape is consent, 4A claim against DNA test doesn’t matter

Where the defense was consent, the alleged ineffective assistance of counsel in failing to move to suppress DNA results can’t be ineffectiveness. State v. Elder, 2023 Del. Super. LEXIS 770 (Sep. 13, 2023).* CBP officers used an “escort hold” on … Continue reading

Posted in Border search, DNA, Excessive force, Informant hearsay, Probable cause | Comments Off on DE: When defense to rape is consent, 4A claim against DNA test doesn’t matter

E.D.Va.: Unreasonableness of pulling firearm during stop not causally connected to finding of drugs

The officer’s alleged excessive force in allegedly unnecessarily pulling his service weapon during defendant’s stop is not causally connected to the finding of the drugs (see Hudson), so the exclusionary rule does not apply. United States v. Coe, 2023 U.S. … Continue reading

Posted in Attenuation, Excessive force | Comments Off on E.D.Va.: Unreasonableness of pulling firearm during stop not causally connected to finding of drugs

E.D.Pa.: Ongoing investigation bars access to warrant papers for time being

The target of a search warrant can’t yet get access to the affidavit in support because the case is still under investigation and there is a potential of exposing grand jury witnesses. In re Search Warrants Issued November 30, 2022, … Continue reading

Posted in Excessive force, Informant hearsay, Qualified immunity, Warrant papers | Comments Off on E.D.Pa.: Ongoing investigation bars access to warrant papers for time being

CA5: Retaliatory arrest under 1A also requires no PC under 4A

“But this court concluded that ‘Plaintiff-Appellees’ claims against Officer Currie … fall under the Fourth Amendment.’ [Mayfield, 976 F.3d at 486 n.1.] As that opinion explained, ‘in order to bring a First Amendment claim for retaliatory arrest, a plaintiff generally … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Excessive force, Strip search | Comments Off on CA5: Retaliatory arrest under 1A also requires no PC under 4A

CA6: The fact a prior car search came up empty isn’t material for Franks

“Daniel has not demonstrated that the omission of the initial car search’s fruitlessness from the affidavit amounted to a deliberate falsehood or showed reckless disregard for the truth.” United States v. Daniel, 2023 U.S. App. LEXIS 21751 (6th Cir. Aug. … Continue reading

Posted in Excessive force, Franks doctrine, Standing | Comments Off on CA6: The fact a prior car search came up empty isn’t material for Franks