Category Archives: Excessive force

W.D.N.Y.: Def wearing a mask to make him harder to identify doesn’t immunize his arrest on a warrant

“Wearing a mask does not immunize a wanted person from a valid arrest warrant. Here, law enforcement properly executed an arrest warrant for Defendant Apprentiace Singletary. Singletary cannot argue that his arrest was unreasonable under the Fourth Amendment because he … Continue reading

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E.D.Pa.: Exposure to Covid-19 in prison doesn’t state a 4A or 8A claim

Exposure to Covid-19 in prison didn’t state a Fourth or Eighth Amendment claim. Dingle v. Tommage, 2024 U.S. Dist. LEXIS 124710 (E.D. Pa. July 16, 2024). Defendant was driving with a suspended license, and WVSP protocol dictated impoundment of the … Continue reading

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CA2: Excessive force claims are new under Bivens and can’t be brought

Excessive force claims are new for Bivens, and rejected. Here, it was his restraint in a courtroom by US Marshals and CSOs. Edwards v. Gizzi, 2024 U.S. App. LEXIS 17100 (2d Cir. July 12, 2024). Plaintiff was shot in the … Continue reading

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NY3: SW for evidence of robbery (stolen property and mask) found def’s cell phone with image of him wearing the mask on its wallpaper

A search warrant in a robbery case looked for stolen property and the mask involved. When police executed the warrant, they found his cell phone with him wearing the mask as the wallpaper image on the phone. “We find without … Continue reading

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CO: State law can alter a sheriff’s agreement with CBP to enforce immigration law

While Colorado sheriffs have civil arrest powers, an agreement with CBP to enforce immigration law under 8 U.S.C. § 1357(g) violated state law. Nash v. Mikesell, 2024 COA 68, 2024 Colo. App. LEXIS 813 (July 3, 2024). In a chase … Continue reading

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D.Kan.: Driving another person’s car some other times doesn’t give standing

Merely driving another person’s car some doesn’t give standing. “Defendant (like the defendants in Rakas) has neither a property nor possessory interest in the vehicle and thus lacks standing to challenge the search of it. He did not have a … Continue reading

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D.N.M.: Summary judgment for defs denied in Torres v. Madrid on remand

On remand in Torres v. Madrid, 141 S. Ct. 989, 209 L.Ed.2d 190 (Mar. 25, 2021), the defendant’s summary judgment motion is denied. Torres v. Madrid, 2024 U.S. Dist. LEXIS 117079 (D.N.M. July 2, 2024).* An out-of-state temporary plate where … Continue reading

Posted in Excessive force, Inevitable discovery, Reasonable suspicion, Reasonableness, Seizure | Comments Off on D.N.M.: Summary judgment for defs denied in Torres v. Madrid on remand

D.Mass.: Owner of vehicle not in it can’t challenge stop, but he can the inventory which was unreasonable

The owner of a vehicle who was not driving or in it when it was stopped has no standing to challenge the stop as opposed to an inventory search. “After considering, as it must, ‘all the facts and circumstances’ of … Continue reading

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LA1: Opening car door to check for others after speeding stop was reasonable where windows were overtinted

Defendant was seen at 10 pm on radar going 94 in a 35, and the officer gave chase for over four miles, sometimes clocking defendant at 135. When finally stopped and with defendant in the police car, the officer went … Continue reading

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CA11: Cotenant’s knowledge of their cotenant being on probation enough to search them, too

“The Supreme Court has said that a warrantless search of a probationer’s home, supported by reasonable suspicion of criminal activity and authorized by a probation condition, is reasonable under the Fourth Amendment. See United States v. Knights, 534 U.S. 112, … Continue reading

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CA11: Officers participating in violation of 4A can be sued, too

“Marglli Gallego brought this 42 U.S.C. § 1983 action against four police officers. She alleged that two of those officers—whom we’ll call the ‘off-duty officers’—unreasonably seized her in violation of the Fourth Amendment. And she alleged that the other two … Continue reading

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CA5: Psychological injuries can support a 4A claim; unintended shooting victim has claim

If the facts were resolved against the police here, they violated clearly-established Fourth Amendment law by unjustifiably shooting into an occupied house and hitting an intended victim. Also, psychological injuries may sustain a Fourth Amendment claim. No qualified immunity. Singleton … Continue reading

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CA9: Fact question shooting ptf’s decedent without warning who wasn’t posing threat was potentially unreasonable

The district court’s grant of qualified immunity is reversed. There are factual disputes for trial that the shooting death of plaintiff’s decedent was unreasonable because he presented no threat and was shot without warning. Calonge v. City of San Jose, … Continue reading

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D.V.I.: 19 warning shots from USCG helicopter to effect stop of boat wasn’t unreasonable

The Coast Guard did not use unreasonable excessive force in firing 19 warning shots from a helicopter to get defendants to stop their boat. United States v. Menocal-Mero, 2024 U.S. Dist. LEXIS 99881 (D.V.I. June 5, 2024). Viewing the bodycam, … Continue reading

Posted in Consent, Custody, Excessive force, Foreign searches, Reasonable suspicion | Comments Off on D.V.I.: 19 warning shots from USCG helicopter to effect stop of boat wasn’t unreasonable

CA11: Excessive force claim against HSI barred by Bivens/Egbert

Federal regulations permit FTCA actions for excessive force claims, so Bivens/Egbert bar this claim. Wimberly v. Selent, 2024 U.S. App. LEXIS 13557 (11th Cir. June 5, 2024). Defendant provided nothing to show he had a reasonable expectation of privacy in … Continue reading

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CA7: Officers’ fear force would be used against them was reasonable

“When the deputies encountered him, he appeared intoxicated; they reasonably feared that he might become dangerous, and he became so when, as Culley later admitted in state court, he lunged at them and resisted arrest before they pushed him to … Continue reading

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CA7: Officer punching arrestee four times after arrestee punched him gets QI

“After Charles Brumitt struck Evansville Police Department Sergeant Sam Smith, Smith defended himself by punching Brumitt four times in the face, knocking him unconscious. Brumitt sued Smith under 42 U.S.C. § 1983, asserting that Smith used excessive force in violation … Continue reading

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CA4: When PC and GFE are the issue on appeal, both have to be appealed or it’s waiver

“In his first claim, Juarez-Sanchez argues that two search warrants issued in this case were not supported by probable cause. Below, the district court rejected this argument and, in the alternative, held that the good faith exception to the exclusionary … Continue reading

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E.D.Ark.: Landlord and tenant refused rental property inspection and SW was validly issued and protected privacy interests

The renter of property has a Fourth Amendment right in the property under the city rental inspection code but not if a warrant is issued. Here, the owner and tenant refused inspection and entry, and the city obtained an administrative … Continue reading

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UT: RS on a prior day was not RS for stop on day in question

Even assuming the officer had reasonable suspicion defendant was involved in a prior incident, he had no reasonable suspicion for stopping defendant this time. State v. Correa, 2024 UT App 69, 2024 Utah App. LEXIS 69 (May 9, 2024). Petitioner … Continue reading

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