{"id":31817,"date":"2018-02-14T10:43:46","date_gmt":"2018-02-14T15:43:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31817"},"modified":"2018-02-14T10:44:20","modified_gmt":"2018-02-14T15:44:20","slug":"ca6-leos-conviction-for-criminal-civil-rights-violation-for-wrongful-entry-to-arrest-affirmed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=31817","title":{"rendered":"CA6: LEO’s conviction for criminal civil rights violation for wrongful entry to arrest affirmed"},"content":{"rendered":"

Defendant was a police officer and he\u2019s convicted here of cirminal civil rights violation for wrongful entry into the victim\u2019s house. The event started when the victim came home to his apartment building, found defendant parked in his parking spot, and he asked defendant to move. He told the victim he would when he felt like it. The victim said something to the effect of \u201cfuck off\u201d and walked toward his apartment. Defendant told him to repeat himself and the victim said: \u201cI did not stutter. I said \u2018fuck off.\u2019\u201d and he went in his apartment. Defendant went to the door (body camera on) and demanded that he come out, and he refused without a warrant. \u201cBaize repeatedly refused, saying that defendant needed a warrant, but defendant responded that he did not \u2018need no warrant.\u2019 Defendant told Baize that \u2018right now you’re out here hollering at me and you ran in there, which means there’s exigent circumstances.\u2019 Baize again refused to come outside. Defendant reached inside Baize’s home to grab Baize, who braced himself against his doorjamb and said \u2018you are not allowed in my house.\u2019 Defendant then entered Baize’s home, grabbed Baize by the back of the neck, and began to arrest him.\u201d The entry and arrest were without probable cause or exigent circumstances and the victim was maliciously prosecuted for three misdemeanors. \u201cIt is therefore impossible, under defendant’s theory, that defendant had probable cause to believe Baize had met all of the elements of fleeing and evading when defendant made the decision to arrest.\u201d United States v. Corder<\/a>, 2018 U.S. App. LEXIS 3225 (6th Cir. Feb. 12, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was a police officer and he\u2019s convicted here of cirminal civil rights violation for wrongful entry into the victim\u2019s house. The event started when the victim came home to his apartment building, found defendant parked in his parking spot, … 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":[50],"tags":[],"class_list":["post-31817","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31817","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=31817"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31817\/revisions"}],"predecessor-version":[{"id":31819,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31817\/revisions\/31819"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31817"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31817"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31817"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}