{"id":20950,"date":"2016-02-24T07:52:19","date_gmt":"2016-02-24T12:52:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20950"},"modified":"2016-02-24T07:52:19","modified_gmt":"2016-02-24T12:52:19","slug":"ga-bailee-of-car-could-consent-to-search-randolph-on-shopping-for-consent-limited-to-homes","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=20950","title":{"rendered":"GA: Bailee of car could consent to search; Randolph on shopping for consent limited to homes"},"content":{"rendered":"

Defendant loaned her car to her pastor, and that was a bailment that permitted him to consent to a search. Defendant refused consent, and the court, likely in dicta but maybe not because it\u2019s not central to the case, limits Georgia v. Randolph to homes because of the higher privacy interest in homes. Sevilla-Carcamo v. State<\/a>, 2016 Ga. App. LEXIS 82 (Feb. 23, 2016).<\/p>\n

The district court erred in granting partial summary judgment for defendant police officers in an excessive force and Tasering case that resulted in death. The plaintiff estate has shown enough to have a jury decide the questions. On qualified immunity, at the time of the death \u201cit was clearly established that tasering a non-threatening suspect who was not actively resisting arrest constituted excessive force. Accordingly, Chapman is not entitled to summary judgment regarding the claimed Fourth Amendment violation based on his use of a taser.\u201d Plaintiff can also get to the jury a failure to adequately train claim on the use of Tasers. Brown v. Chapman<\/a>, 2016 U.S. App. LEXIS 2827 (6th Cir. Feb. 19, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant loaned her car to her pastor, and that was a bailment that permitted him to consent to a search. Defendant refused consent, and the court, likely in dicta but maybe not because it\u2019s not central to the case, limits … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,52],"tags":[],"class_list":["post-20950","post","type-post","status-publish","format-standard","hentry","category-consent","category-excessive-force"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20950","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=20950"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20950\/revisions"}],"predecessor-version":[{"id":20951,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20950\/revisions\/20951"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20950"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20950"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20950"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}