New arguments raised at the suppression hearing are considered waived. Even if it was considered, it lacks merit: The officer could open the car for a check for other passengers for officer safety. United States v. Hargraves, 2024 U.S. Dist. LEXIS 133903 (D. Del. July 29, 2024).<\/p>\n\n\n\n
\u201cThe Fourth Circuit has not addressed a case with the exact facts presented here, but it had clearly established the right to be free from deadly force when armed, fleeing, and nonthreatening. Henry v. Purnell, 652 F.3d 524, 534 (4th Cir. 2011). Thus, the right not to be shot in the back while fleeing officers when the officers suspected that the individual was armed but the individual never pointed a firearm at the officers was clearly established on January 8, 2021.\u201d A fact dispute remains on that. Cooper v. Doyle, 2024 U.S. Dist. LEXIS 133030 (D. Md. July 29, 2024).*<\/p>\n\n\n\n
Flight in a high crime area can add to make reasonable suspicion. Defendant\u2019s claim flight was provoked is rejected. United States v. Taylor, 2024 U.S. Dist. LEXIS 133548 (D.D.C. July 19, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
New arguments raised at the suppression hearing are considered waived. Even if it was considered, it lacks merit: The officer could open the car for a check for other passengers for officer safety. United States v. Hargraves, 2024 U.S. Dist. … Continue reading