{"id":45277,"date":"2020-09-10T07:17:44","date_gmt":"2020-09-10T12:17:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45277"},"modified":"2020-09-10T07:17:44","modified_gmt":"2020-09-10T12:17:44","slug":"ca3-state-court-suppression-of-search-isnt-favorable-termination-for-malicious-prosecution-case","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=45277","title":{"rendered":"CA3: State court suppression of search isn&#8217;t favorable termination for malicious prosecution case"},"content":{"rendered":"\n<p>Just because the evidence was suppressed in plaintiff\u2019s criminal case and then affirmed on appeal doesn\u2019t mean the criminal case was terminated in his favor on the facts. He possessed heroin, and that\u2019s not in dispute, and there was probable cause. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/193138p.pdf\">Allen v. N.J. State Police<\/a>, 2020 U.S. App. LEXIS 28461 (3d Cir. Sept. 9, 2020).<\/p>\n\n\n\n<p>\u201cIn conclusion, Trooper Corrie, while participating in a coordinated effort to serve an arrest warrant on an armed robbery suspect, reasonably used lethal force against a dog who, unrebutted testimony shows, aggressively charged at him, growled, and showed his teeth, as though about to attack. We will thus affirm the District Court&#8217;s order granting summary judgment.\u201d This was not a passive dog that was shot. Specific training isn\u2019t the issue; it\u2019s reasonableness. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/191957p.pdf\">Bletz v. Corrie<\/a>, 2020 U.S. App. LEXIS 28463 (3d Cir. Sept. 9, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Just because the evidence was suppressed in plaintiff\u2019s criminal case and then affirmed on appeal doesn\u2019t mean the criminal case was terminated in his favor on the facts. He possessed heroin, and that\u2019s not in dispute, and there was probable &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=45277\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[45,63],"tags":[],"class_list":["post-45277","post","type-post","status-publish","format-standard","hentry","category-45","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45277","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=45277"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45277\/revisions"}],"predecessor-version":[{"id":45278,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45277\/revisions\/45278"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45277"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45277"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45277"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}