{"id":59370,"date":"2024-11-17T08:44:00","date_gmt":"2024-11-17T13:44:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59370"},"modified":"2024-11-18T08:46:34","modified_gmt":"2024-11-18T13:46:34","slug":"e-d-va-the-affiants-passing-on-alleged-exaggerations-from-other-officers-wasnt-material-to-pc","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59370","title":{"rendered":"E.D.Va.: The affiant&#8217;s passing on alleged exaggerations from other officers wasn&#8217;t material to PC"},"content":{"rendered":"\n<p>Relying on reports of other officers that could have been exaggerations in part didn\u2019t show that the affiant was intentionally or recklessly misleading the court. Also, \u201cthe Defendant has failed to demonstrate that Officer Granville&#8217;s inclusion of the exaggerated statement was material to probable cause, and she has therefore failed to satisfy the Franks test for suppression based on such exaggeration.\u201d United States v. McLeod, 2024 U.S. Dist. LEXIS 205556 (E.D. Va. Nov. 12, 2024).<\/p>\n\n\n\n<p>Decedent\u2019s vehicle was accelerating at officers when the officer shot into the car repeatedly in two seconds. This use of force was reasonable. The fact another officer there did not shoot doesn\u2019t make the first officer\u2019s actions unreasonable. Baxter v. Santiago-Miranda, 2024 U.S. App. LEXIS 28813 (11th Cir. Nov. 13, 2024).*<\/p>\n\n\n\n<p>Apparent hand-to-hand transaction in a high crime area was reasonable suspicion. United States v. Gandy, 2024 U.S. Dist. LEXIS 206261 (D.N.J. Nov. 12, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Relying on reports of other officers that could have been exaggerations in part didn\u2019t show that the affiant was intentionally or recklessly misleading the court. Also, \u201cthe Defendant has failed to demonstrate that Officer Granville&#8217;s inclusion of the exaggerated statement &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=59370\">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":[52,21,35],"tags":[],"class_list":["post-59370","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-franks-doctrine","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59370","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=59370"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59370\/revisions"}],"predecessor-version":[{"id":59371,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59370\/revisions\/59371"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59370"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59370"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}