MA: Officer’s failure to testify to the facts for his belief that defendant was traveling at an “unreasonable speed” made the stop unreasonable

The officer’s failure to testify to the facts for his belief that defendant was traveling at an “unreasonable speed” made the stop unreasonable. Thus, the passenger’s flight from the car after the stop and the seizure of a gun from him was suppressed. Commonwealth v. Teixeira-Furtado, 2016 Mass. LEXIS 380 (June 20, 2016).

On a 12(b)(6) motion, plaintiff’s complaint that officers wantonly shot their dogs plausibly pled a Fourth Amendment claim that was clearly established. Denial of motion to dismiss affirmed, but it appears defendants’ may have a plausible excuse for summary judgment. Mayfield v. Bethards, 2016 U.S. App. LEXIS 11096 (10th Cir. June 20, 2016).*