LA5: Failure to raise scope of search issue below was waiver on appeal

The officer affiant adequately corroborated the CI to show probable cause. Defendant’s argument that the search of his house under the warrant couldn’t include the back yard was not preserved below [but it usually would be valid anyway]. State v. Richardson, 2019 La. App. LEXIS 1514 (La. App. 5 Cir. Sept. 4, 2019).

Officer kicked at plaintiff while plaintiff was flailing around unrestrained, and it was caught on a bystander’s cell phone video. The officer gets qualified immunity for that attempt at controlling the situation. Marantes v. Miami-Dade County, 2019 U.S. App. LEXIS 26763 (11th Cir. Sept. 5, 2019).*

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