DE: Where SW was for clothing worn in shooting, nexus shown to def’s home

Where the search warrant sought clothing worn during a shooting, nexus was shown to where defendant lived. State v. Johnson, 2023 Del. Super. LEXIS 324 (July 7, 2023).

There was probable cause for plaintiff’s arrest for harassment of another person. In fact, he was convicted of it. Yoast v. Pottstown Borough, 2023 U.S. App. LEXIS 17264 (3d Cir. July 10, 2023).*

Prior to the shooting here, SCOTUS had never held that shooting at a recklessly driven vehicle evading arrest was excessive force. “And while it is true that the New York Police Department Patrol Guide directs officers to refrain from shooting into moving vehicles when the threat of deadly force stems from the vehicle alone, it was, at minimum, not clearly established that the Fourth Amendment includes such a requirement. See, e.g., Plumhoff v. Rickard, 572 U.S. 765, 776-77, 134 S. Ct. 2012, 188 L. Ed. 2d 1056 (2014) (finding no Fourth Amendment violation where police shot at fleeing suspect to end car chase).” Martinez v. Hasper, 2023 U.S. App. LEXIS 17287 (2d Cir. July 10, 2023).*

This entry was posted in Excessive force, Nexus, Probable cause, Qualified immunity. Bookmark the permalink.

Comments are closed.