E.D.N.Y.: Even if Brooklyn checkpoint was unreasonable, def’s flight from it was intervening circumstance

NYPD set up a vehicle checkpoint in East Flatbush, Brooklyn, because of heavy traffic and crime in general. Every third vehicle was to be stopped except anything apparently a violation would cause a stop. Defendant was stopped for no front LPN, and he had an obstructed paper plate on the rear. Then he ran from the checkpoint, ran a red light, and had an accident. He was felon in possession. His flight was an intervening circumstance even if the checkpoint was unreasonable. United States v. Thompson, 2023 U.S. Dist. LEXIS 77308 (E.D.N.Y. May 3, 2023).

The limited force used against plaintiff was reasonable. He was in an accident and he ignored almost all commands from the officers and paramedics at the scene, including getting back in the car. Baker v. City of Madison, 2023 U.S. App. LEXIS 10852 (11th Cir. May 3, 2023).*

A writ of execution issued by a state court was sufficient to enter plaintiff’s home and it was not a Fourth Amendment violation, even if it was not private action. Plus, this is all being litigated in state court, and it shouldn’t be in federal court. BGH Holdings LLC v. D.L. Evans Bank, 2023 U.S. Dist. LEXIS 77380 (W.D. Wash. May 3, 2023).

The drug search warrant here was not stale because the government showed that this was ongoing conduct. United States v. Hopkins, 2023 U.S. Dist. LEXIS 77498 (M.D. Pa. May 3, 2023).*

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