Archives for: December 2006, 03
12/03/06
In Atlanta shooting case, the police called for help for themselves and not their shooting victim
The Atlanta Journal-Constitutional reported Sunday in the SWAT shooting case Police recording reveals urgency after shooting. The press finally got the tapes after an open records request. The officers appear concerned for themselves and not for the elderly person they shot during the drug raid.
There is a clear sense of urgency in their voices on the recorded conversations, and moments of brief shouting can be heard as officers work to coordinate their efforts.
About eight minutes after the initial call for help, a dispatcher repeatedly asks about the condition of the wounded officers. In response, another officer lists their injuries, saying, "We've got one in the arm, one in the leg, one in the shoulder."
There are many references to the wounded officers, but little talk of Johnston. Officers refer to her as a "perp," or perpetrator. There were no calls for medical assistance for Johnston, who was pronounced dead at the scene.
Maybe they already knew she was dead, but the article mentions nothing about her condition.
At any rate, the police fraternity would be more concerned for the fellow officers that were shot than the person they shot. The fact she fired a gun at them was reason enough to ignore her bullet wounds?
W.Va.: Question of exigent circumstances or hot pursuit for jury
In West Virginia, the question of exigent circumstances for an entry into the home is an issue that, even in criminal cases, is to be decided by a jury. State v. Kendall, 219 W. Va. 686; 639 S.E.2d 778 (2006):
In the case sub judice, the Appellant asserts that the lower court abused its discretion by deciding the question of whether exigent circumstances existed, by removing that factual decision from the jury, and by explicitly instructing the jury that neither exigent circumstances nor hot pursuit existed. Courts addressing the issue of the proper entity to decide the question of exigent circumstances have recognized that the issue involves a mixed question of law and fact. United States v. Russell, 436 F.3d 1086, 1089 n. 2 (9th Cir. 2006); United States v. Bynum, 362 F.3d 574, 578-79 (9th Cir. 2004); United States v. Zermeno, 66 F.3d 1058, 1063, n. 2 (9th Cir. 1995). Other courts have expressly stated that the "presence of exigent circumstances is a question of fact within the province of the Jury. ..." Richmond v. City of Brooklyn Center, 2005 WL 1843332, *8 (D. Minn. 2005); see also Ewolski v. City of Brunswick, 287 F.3d 492, 501 (6th Cir. 2002) (holding that the determination of exigent circumstances is "normally a question for the jury. ...").
Officers had cause for stopping defendant's car for following too close and reasonable suspicion from the totality of circumstances, which are not given us, developed, and defendant then confessed. United States v. Osuna-Samaniego, 208 Fed. Appx. 554 (9th Cir. 2006)* (unpublished).
Giving the plaintiff the benefit of inferences from his complaint, he stated enough to get to trial. He admittedly shoved officers, but he alleged excessive force used against him in response. Nail v. Gutierrez, 2006 U.S. Dist. LEXIS 86728 (N.D. Ind. November 29, 2006).*
Defendant's guilty plea to an offense involving an alleged search and seizure cut off any Fourth Amendment civil suit over the search and seizure under Heck v. Humphrey because it implied the invalidity of the conviction. Bailey v. Duesler, 2006 U.S. Dist. LEXIS 86722 (S.D. Cal. November 28, 2006).*
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