Category Archives: Excessive force

E.D.Mo.: A lien on property here is not a 4A seizure

A lien on property here is not a Fourth Amendment seizure. Trident Steel Corp. v. Siffin, 2023 U.S. Dist. LEXIS 43138 (E.D. Mo. Mar. 15, 2023). “Against that backdrop, a reasonable officer could certainly have interpreted Mr. Harris’s sudden lurch … Continue reading

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CA5: Videos alone show no QI

Based on the videos alone, there was excessive force and qualified immunity is denied. Ducksworth v. Landrum, 2023 U.S. App. LEXIS 5807 (5th Cir. Mar. 10, 2023):

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KS: Excessive force in unnecessary stop by PIT maneuver led to death of passenger which is suppressed

Defendant refused to stop for a broken windshield infraction, and he fled. The officer PITted his car, and the passenger died. Defendant was charged with murder for the passenger’s death. The trial court held that the seizure resulting in the … Continue reading

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D.Neb.: DTF officer’s moving luggage out of an interstate bus luggage hold wasn’t an unreasonable interference with possessory interest

Defendant was riding on an interstate bus, and at the stop at Omaha, a DTF officer pulled defendant’s bag out of the luggage hold to see who would claim it. This interference with the luggage was minimal and did not … Continue reading

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CA6: Allegedly misrepresenting purpose of entry here had no bearing on use of deadly force once inside

Whether the officer lawfully entered the house by misrepresenting his purpose has nothing to do with the objectively justifiable use of deadly force inside. Sawyer v. City of Soddy Daisy, 2023 U.S. App. LEXIS 3108 (6th Cir. Feb. 7, 2023). … Continue reading

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GA: BOLO for aggressive driver in gray car didn’t support stop

There was no reasonable suspicion for defendant’s stop for being an “aggressive driver in a gray car.” The trial court properly suppressed. State v. Glanton, 2023 Ga. App. LEXIS 55 (Feb. 3, 2023). (“In considering these factors we find (1) … Continue reading

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CA10: Excessive force claim not obvious, so QI applies

Plaintiff resisted getting out of her car after a traffic stop and repeated requests then orders to do so. She was taken down and claims injuries. This is not an obvious constitutional violation under Graham, so the officer gets qualified … Continue reading

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NY3: No-knock permitted by circumstances at scene

The warrant application and warrant did not mention no-knock, but the facts and circumstances at the scene justified it. People v. Hayward, 2023 N.Y. App. Div. LEXIS 464, 2023 NY Slip Op 00461 (3d Dept. Feb. 2, 2023). Exigency justified … Continue reading

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CA10: Traffic stop to flirt with motorist was unreasonable, and clearly established that cause needed

The officer’s stop of plaintiff to flirt with her was without basis and thus unreasonable, and clearly established. Shepherd v. Robbins, 2022 U.S. App. LEXIS 36056 (10th Cir. Dec. 13, 2022) [corrected Dec. 28, 2022]. Defense counsel wasn’t ineffective for … Continue reading

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NE: Police don’t have to decide the constitutionality of the laws they enforce

Police officers are not legal scholars, and they don’t have to guess as to the constitutionality of the laws they enforced. They need only act reasonably in reliance on statute or ordinance. State v. Albarenga, 313 Neb. 72 (Dec. 23, … Continue reading

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IN: dog sniff outside a hotel room door was reasonable under the state constitution

A dog sniff outside a hotel room door was reasonable under the state constitution. (And, while other information was illegally gathered, this was enough for the warrant.) Crabtree v. State, 2022 Ind. App. LEXIS 385 (Dec. 1, 2022). Excessive force … Continue reading

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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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