CA10: Factual basis for trial for unreasonable use of deadly force in shooting at a fleeing car

There was a factual basis for trial that it was apparent the use of deadly force here was unreasonable and unnecessary in shooting at a fleeing car. Reavis v. Frost, 2020 U.S. App. LEXIS 23731 (10th Cir. July 28, 2020).*

The question of probable cause is close. But, “after considering the totality of the circumstances described in the affidavit, we conclude that Sergeant Vaden’s affidavit sufficiently established probable cause for issuance of a search warrant for Campbell’s home.” The state’s alternate argument of exigent circumstances does not have plain error and is not considered. State v. Campbell, 2020 Tenn. Crim. App. LEXIS 522 (July 28, 2020)* (note: Doesn’t cite Ventresca).