{"id":4193,"date":"2010-05-27T13:11:19","date_gmt":"2010-05-19T08:45:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-05-19T08:45:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4193","title":{"rendered":"W.D.Wash.: Bivens<\/em> knock-and-announce case fails for reasonable suspicion of exceptions applying"},"content":{"rendered":"

In a civil case over an alleged knock-and-announce violation, the plaintiff loses because the government showed sufficient reasonable suspicion to not have to do so. Plaintiff also did not show that the handling of the raid was excessive force. Jama v. United States, 2010 U.S. Dist. LEXIS 48133 (W.D. Wash. May 17, 2010)*:<\/p>\n

Plaintiff’s claim of excessive force fails. Having breached Plaintiff’s door and detained all the occupants, officers were reasonable in \u201cexercis[ing] unquestioned command of the situation.\u201d Summers, 452 U.S. at 703. They therefore handcuffed all the apartment’s occupants and detained them in a single location, while they searched the apartment. Moreover, they summoned medics when Plaintiff complained of pain in her shoulder. Medics examined Plaintiff, but determined that she did not need treatment. (Jama Decl. 2 (Dkt. No. 43)). Officers were reasonable in maintaining total control of the situation while conducting the search, just as they were reasonable in breaching the door after eight to ten seconds.<\/p><\/blockquote>\n

Defendant\u2019s stop also included keeping him near the car he was stopped in. United States v. Rush, 2010 U.S. Dist. LEXIS 47780 (D. Neb. March 4, 2010).*<\/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-4193","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4193","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=4193"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4193\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4193"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4193"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4193"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}