Category Archives: Excessive force

IL: Pills in knotted baggie were “immediately apparent” for plain view

Plain view: “In the case before us, the evidence showed that it was immediately apparent to Officer Yanez, i.e., he had probable cause to believe, that the white pills in the blue-tinted, knotted baggie were illegal narcotics based on his … Continue reading

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DE: No standing in another’s cell phone

There’s no reasonable expectation of privacy or standing in someone else’s cell phone. State v. Hunt, 2023 Del. Super. LEXIS 775 (Sep. 19, 2023).* Defendant was mistaken that GX48 for trial was the product of a search warrant. It wasn’t. … Continue reading

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Two excessive force cases with qualified immunity

“A hypothetically reasonable officer in Brown’s situation would have probable cause to believe that Kohler posed a threat of serious physical harm to himself and to the other officers when he used deadly force. That officer could reasonably conclude that … Continue reading

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DE: When defense to rape is consent, 4A claim against DNA test doesn’t matter

Where the defense was consent, the alleged ineffective assistance of counsel in failing to move to suppress DNA results can’t be ineffectiveness. State v. Elder, 2023 Del. Super. LEXIS 770 (Sep. 13, 2023).* CBP officers used an “escort hold” on … Continue reading

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E.D.Va.: Unreasonableness of pulling firearm during stop not causally connected to finding of drugs

The officer’s alleged excessive force in allegedly unnecessarily pulling his service weapon during defendant’s stop is not causally connected to the finding of the drugs (see Hudson), so the exclusionary rule does not apply. United States v. Coe, 2023 U.S. … Continue reading

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E.D.Pa.: Ongoing investigation bars access to warrant papers for time being

The target of a search warrant can’t yet get access to the affidavit in support because the case is still under investigation and there is a potential of exposing grand jury witnesses. In re Search Warrants Issued November 30, 2022, … Continue reading

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CA5: Retaliatory arrest under 1A also requires no PC under 4A

“But this court concluded that ‘Plaintiff-Appellees’ claims against Officer Currie … fall under the Fourth Amendment.’ [Mayfield, 976 F.3d at 486 n.1.] As that opinion explained, ‘in order to bring a First Amendment claim for retaliatory arrest, a plaintiff generally … Continue reading

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CA6: The fact a prior car search came up empty isn’t material for Franks

“Daniel has not demonstrated that the omission of the initial car search’s fruitlessness from the affidavit amounted to a deliberate falsehood or showed reckless disregard for the truth.” United States v. Daniel, 2023 U.S. App. LEXIS 21751 (6th Cir. Aug. … Continue reading

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D.S.D. & OH5: When challenging another court’s SW, it has to be filed with the papers for the court to rule

Defendant challenges the tribal search warrant as lacking probable cause and being vindictively obtained, the latter of which does not exist under Rule 41. He fails to include the warrant papers so the court can’t rule. United States v. Floyd, … Continue reading

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D.Md.: Instagram SW was valid by GFE despite weak PC, but it was excessively searched

“The Instagram Motion [to suppress] will be granted in part. Although the probable cause to search Rivers’ Instagram account was weak, the Leon good faith exception applies and the evidence will therefore not be suppressed on the basis of a … Continue reading

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W.D.Okla.: Pepper spray use under the circumstances was reasonable

“Anthony argues that Gottschalk used excessive force when he sprayed him with OC spray, which the court now refers to as pepper spray. Applying the Graham factors and considering the totality of the circumstances, the court concludes that a reasonable … Continue reading

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D.Mass.: No standing shown for anticipatory warrant

Defendant showed no standing to contest this anticipatory warrant for mailed drugs. United States v. Fontanez, 2023 U.S. Dist. LEXIS 141256 (D.Mass. Aug. 11, 2023).* Plaintiff’s pro se case against the police department that searched and arrested was four years … Continue reading

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W.D.Okla.: Broad challenges to how ptf was investigated all barred by Heck

“Many of Plaintiff’s alleged violations attack the procedures used to investigate and charge him, the evidence used to convict him, as well as the constitutionality of the first-degree murder statute under which he was convicted. Success on some of these … Continue reading

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W.D.Pa.: Penn State’s Covid testing was reasonable under the 4A

The University’s Covid-19 testing does not violate the Fourth Amendment. Roman Cath. Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63, 67, 208 L. Ed. 2d 206 (2020) (“Stemming the spread of COVID-19 is a compelling interest.”); Klaassen v. Trs. … Continue reading

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CA10 doesn’t have to decide whether furtive movement alone supports vehicle protective sweep

Furtive movements alone may or may not be enough to justify a protective sweep of a car, a question this circuit has never decided. Here, however, there was the additional fact of a “slow roll” to a stop which was … Continue reading

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W.D.Tenn.: Violation of police dept. vehicle chase policy doesn’t equate to a violation of the 4A

An alleged violation of department policy on police chases doesn’t equal a Fourth Amendment violation. United States v. Moore, 2023 U.S. Dist. LEXIS 130238 (W.D. Tenn. July 27, 2023). Speeding and erratic driving justified the stop, and alcohol was seen … Continue reading

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W.D.Va.: Info on def’s cell phone provided nexus for SW of house

Information on defendant’s cell phone linking him and Trafficker A also linked his home to the transactions and that showed nexus. United States v. Johnson, 2023 U.S. Dist. LEXIS 130082 (W.D. Va. July 27, 2023).* The information about defendant’s drug … Continue reading

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DE: SW issuing magistrate not barred from hearing suppression motion

The suppression hearing judge is not disqualified just because he or she considered the affidavit and issued the search warrant. Willis v. State, 2023 Del. LEXIS 238 (July 24, 2023). Setting inaccuracies in the search warrant affidavit aside, there was … Continue reading

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CA6: Unintended target of a police shooting, another officer, has a 4A seizure and excessive force claim

One officer fired a gun at a suspect inside a dwelling, apparently without aiming, and hit another officer. That was still a Fourth Amendment seizure of the person of the officer despite being an unintended target. Kilnapp v. City of … Continue reading

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D.Md.: Surveillance and bodycam video supported officer’s contention def had a firearm in sweatshirt pocket

The court viewed the CCTV and body cam videos (included in the opinion) and it’s apparent defendant had a gun in his sweatshirt pocket. “Not every bulge is a weapon,” but this one apparently was. That justified the frisk. United … Continue reading

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