CA1: When police justifiably shoot at a car, a passenger hit has no claim

A police officer fired at a vehicle driven by an armed man that was trying to hit him, and a passenger was hit. On the undisputed facts, the use of force was reasonable. Fagre v. Parks, 2021 U.S. App. LEXIS 887 (1st Cir. Jan. 13, 2021).*

“The district court correctly applied the multi-part legal analysis and did not commit error, much less clear error, in its factual finding that Det. Tupper’s statement to Mumme that he would seek a search warrant did not vitiate Mumme’s consent to enter his home and to seize his electronic devices. ‘[C]onsent to a search is not invalid merely because it is secured by an officer’s accurate assurance that there will soon be a lawful search anyway,’ and while ‘the law rejects consent secured by knowingly false representations … [,] at the same time [it] see[s] no reason to deter officers from securing convenient and prompt consensual access by conveying accurate information to a recipient.’ United States v. Vázquez, 724 F.3d 15, 22 (1st Cir. 2013) (collecting cases) ….” United States v. Mumme, 2021 U.S. App. LEXIS 888 (1st Cir. Jan. 13, 2021).*

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