{"id":1762,"date":"2008-07-21T15:01:03","date_gmt":"2008-02-08T10:54:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-08T10:54:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1762","title":{"rendered":"Pepper spray and handcuffs for a resisting plaintiff was reasonable"},"content":{"rendered":"

“Here, faced with a suspect actively resisting during the course of a valid Terry<\/em> stop and pat-down, the officers’ use of physical force, including pepper spray and then handcuffs–in that order and after repeated warnings to Fuller–was, in the Court’s view, an objectively reasonable response.” Fuller v. Cuyahoga Metro. Hous. Auth., 2008 U.S. Dist. LEXIS 8730 (N.D. Ohio February 6, 2008).* (Note:<\/em> The court noted that the Sixth Circuit has held that pepperspraying an already handcuffed suspect can be per se unreasonable; those facts are not present.)<\/p>\n

Consent was found valid [apparently with the defense virtually conceding it on appeal]. United States v. Pineda<\/a>, 265 Fed. Appx. 160 (5th Cir. 2008) (unpublished).*<\/p>\n

Probation officer had reason to believe that defendant had been caught on tape doing a drug deal, and that justified a probation search of his dwelling. There was also consent by a third person with apparent authority. United States v. Barnard, 2008 U.S. Dist. LEXIS 8665 (D. Del. February 6, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1762","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1762","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1762"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1762\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1762"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1762"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1762"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}