{"id":4958,"date":"2011-07-11T15:01:45","date_gmt":"2010-12-03T01:00:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-03T01:00:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4958","title":{"rendered":"CA9: Tasering was excessive because the victim didn&#8217;t deserve it, but the officer gets qualified immunity"},"content":{"rendered":"<p>The tasering of plaintiff was unreasonable on these facts because it was unjustified and excessive force. As of the date of the occurrence, there was no case definitively holding that tasering was unreasonable under facts like these. Therefore, the officer is entitled to qualified immunity. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/opinions\/2010\/11\/30\/08-55622.pdf\">Bryan v. Macpherson<\/a>, 630 F.3d 805 (9th Cir. 2010).*<\/p>\n<p>Defendant\u2019s arrest was based on probable cause, and he had no standing to challenge the discarded evidence from the person of a codefendant. United States v. Acon, 2010 U.S. Dist. LEXIS 125552 (D. Minn. November 15, 2010), adopted 2010 U.S. Dist. LEXIS 125680 (D. Minn. November 29, 2010).*<\/p>\n<p>The CI\u2019s in this case were arrestees seeking favorable treatment, so they had no presumption of reliability. They were corroborated, so probable cause was shown. United States v. Williams,  2010 U.S. Dist. LEXIS 125717 (E.D. Wis. November 2, 2010).*<\/p>\n<p>The video does not overcome Officer Madison&#8217;s testimony and is not enough to demonstrate that the record preponderates against the trial court&#8217;s findings of fact. <a href=\"http:\/\/www.tsc.state.tn.us\/OPINIONS\/tcca\/PDF\/104\/HewittJohnOPN.pdf\">State v. Hewitt<\/a>, 2010 Tenn. Crim. App. LEXIS 1005 (November 29, 2010).*<\/p>\n<p>The record supports the fact finding and the conclusion there was reasonable suspicion for defendant\u2019s stop. The stop being valid, his confession is too. <a href=\"http:\/\/www.8thcoa.courts.state.tx.us\/opinions\/HTMLopinion.asp?OpinionID=65449\">Peralta v. State<\/a>, 338 S.W.3d 598 (Tex. App. \u2013 El Paso 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4958\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-4958","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4958","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=4958"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4958\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4958"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4958"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4958"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}