The record doesn’t support defendant’s claim that he was removed to avoid his ability to object to consent under Randolph. In addition, his detention was otherwise objectively reasonable. United States v. Shaw, 2021 U.S. Dist. LEXIS 35405 (E.D. Tenn. Feb. 25, 2021).
A question of fact remains on the parties’ positions of when defendant fled and whether that was reasonable suspicion. United States v. Krubally, 2021 U.S. Dist. LEXIS 35432 (S.D. N.Y. Feb. 25, 2021).*
“Plaintiff’s attempt to defeat summary judgment by reframing his false arrest claim as a claim based on a warrantless arrest in his home is unavailing since he did not plead that theory of liability in his notice of claim or complaint …. In any event, the existence of probable cause defeats a false arrest claim based on violation of Fourth Amendment rights or lack of a warrant ….” Berry v. City of New York, 2021 NY Slip Op 01189, 2021 N.Y. App. Div. LEXIS 1275 (1st Dept. Feb. 25, 2021).*