{"id":63637,"date":"2026-03-19T12:24:48","date_gmt":"2026-03-19T17:24:48","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63637"},"modified":"2026-03-19T12:24:48","modified_gmt":"2026-03-19T17:24:48","slug":"ny-co-pulling-def-out-of-his-doorway-when-he-opened-his-door-was-not-a-violation-of-payton","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=63637","title":{"rendered":"NY Co.: Pulling def out of his doorway when he opened his door was not a violation of Payton"},"content":{"rendered":"\n<p>Pulling defendant out of his doorway when he opened his door was not a violation of Payton. People v. Honyghan, 2026 NYLJ LEXIS 435 (N.Y. Co. Mar. 18, 2026).<\/p>\n\n\n\n<p>\u201cThe arresting officers&#8217; body-worn camera videos reveal that Plaintiff was visibly intoxicated when officers approached his car, repeatedly refused to answer questions or cooperate with directives, and reached his hand into his jacket to retrieve an unknown object when officers attempted to remove him from his vehicle. All three Graham factors therefore support the reasonableness of the force used. Most notably, the officers reasonably suspected a threat to their safety when Plaintiff reached into his jacket and did so again even after being instructed not to do so.\u201d King v. Davis, 2026 U.S. App. LEXIS 7913 (2d Cir. Mar. 18, 2026).*<\/p>\n\n\n\n<p>An Apple Pay account is a financial account exempted from warrantless probation searches. Meiner v. Superior Court, 2026 Cal. App. LEXIS 166 (4th Dist. Mar. 18, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Pulling defendant out of his doorway when he opened his door was not a violation of Payton. People v. Honyghan, 2026 NYLJ LEXIS 435 (N.Y. Co. Mar. 18, 2026). \u201cThe arresting officers&#8217; body-worn camera videos reveal that Plaintiff was visibly &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=63637\">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":[50,52,58],"tags":[],"class_list":["post-63637","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-excessive-force","category-probationparole-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63637","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=63637"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63637\/revisions"}],"predecessor-version":[{"id":63638,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63637\/revisions\/63638"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63637"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63637"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63637"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}