{"id":56434,"date":"2023-12-03T17:07:08","date_gmt":"2023-12-03T22:07:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56434"},"modified":"2023-12-03T17:07:08","modified_gmt":"2023-12-03T22:07:08","slug":"ca5-no-excessive-force-without-a-seizure-here-ptf-told-to-get-back","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56434","title":{"rendered":"CA5: No excessive force without a seizure; here, ptf told to &#8220;get back&#8221;"},"content":{"rendered":"\n<p>\u201cAt no point was D.J. prevented from leaving the scene\u2014rather, he was repeatedly asked to do so, to \u2018get back\u2019 and move away while Deputy Moring was securing the perimeter. True, he was prevented from further approaching Perkins and Deputy Hart, but that was the officers&#8217; prerogative to secure the scene and did not infringe on D.J.&#8217;s Fourth Amendment rights. \u2026 [\u00b6] Thus, even accepting D.J.&#8217;s version of the facts as true, he cannot prevail on a claim of excessive force because there was no violation of his Fourth Amendment rights.\u201d <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/22\/22-30456.0.pdf\">Perkins v. Hart<\/a>, 2023 U.S. App. LEXIS 31734 (5th Cir. Nov. 30, 2023).<\/p>\n\n\n\n<p>The government didn\u2019t timely raise standing against defendant\u2019s probation search in the home of a third person he was visiting. Instead, the court finds attenuation of any allegedly illegal conduct. The search was by consent after an explicit warning of Fourth Amendment rights to the homeowner who wasn\u2019t even the target of the search. It was clearly voluntary as to her. United States v. Gilbert, 2023 U.S. App. LEXIS 31531 (11th Cir. Nov. 29, 2023).*<\/p>\n\n\n\n<p>The exclusionary rule doesn\u2019t apply in civil cases. This circuit hasn\u2019t ruled on inevitable discovery in civil cases, but other circuits let it in. It will be here. Thomas v. McCabe, 2023 U.S. Dist. LEXIS 213252 (E.D. Mich. Nov. 30, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cAt no point was D.J. prevented from leaving the scene\u2014rather, he was repeatedly asked to do so, to \u2018get back\u2019 and move away while Deputy Moring was securing the perimeter. True, he was prevented from further approaching Perkins and Deputy &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=56434\">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":[24,129],"tags":[],"class_list":["post-56434","post","type-post","status-publish","format-standard","hentry","category-consent","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56434","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=56434"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56434\/revisions"}],"predecessor-version":[{"id":56435,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56434\/revisions\/56435"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56434"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56434"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56434"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}