{"id":59126,"date":"2024-10-19T09:51:44","date_gmt":"2024-10-19T14:51:44","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59126"},"modified":"2024-10-19T09:51:44","modified_gmt":"2024-10-19T14:51:44","slug":"m-d-fla-t-l-o-informs-the-use-of-handcuffs-in-school-v-excessive-force","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59126","title":{"rendered":"M.D.Fla.: <em>T.L.O.<\/em> informs the use of handcuffs in school v. excessive force"},"content":{"rendered":"\n<p>T.L.O. informs the use of handcuffs in school v. excessive force. Here, the student was objectively enough of a safety risk to justify handcuffs. \u201cFurther, because the Fourth Amendment reasonableness inquiry is an objective standard, more discovery to determine Defendants&#8217; subjective knowledge regarding Plaintiffs&#8217; disabilities and behavioral issues or Defendants&#8217; perceptions of the safety threat he posed is unnecessary.\u201d G.D.M. v. City of Oviedo, 2024 U.S. Dist. LEXIS 188152 (M.D. Fla. Oct. 16, 2024).<\/p>\n\n\n\n<p>The traffic stop of defendant\u2019s car was reasonable, but the officers also had justification that the easily identifiable car (different colored doors from the rest of the car) was a known getaway car. United States v. Rumph, 2024 U.S. Dist. LEXIS 187945 (S.D.N.Y. Oct. 16, 2024).*<\/p>\n\n\n\n<p>Defendant turned over his cell phone while he was being questioned, and then there was probable cause for the warrant for the phone. People v. Gurley, 2024 NY Slip Op 05073 (1st Dept. Oct. 15, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>T.L.O. informs the use of handcuffs in school v. excessive force. Here, the student was objectively enough of a safety risk to justify handcuffs. \u201cFurther, because the Fourth Amendment reasonableness inquiry is an objective standard, more discovery to determine Defendants&#8217; &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=59126\">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":[5,52,35,33],"tags":[],"class_list":["post-59126","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-excessive-force","category-reasonable-suspicion","category-school-searches"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59126","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=59126"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59126\/revisions"}],"predecessor-version":[{"id":59127,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59126\/revisions\/59127"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59126"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}