Category Archives: Excessive force

CA4: Ptf, a contract jail nurse, states a claim for being strip searched when mistaken for inmate [in scrubs]

Plaintiff is a nurse, and, for her first day on the job at this jail, she was accidentally strip searched when she was mistaken for a weekender. She stated a claim for relief that survives summary judgment and qualified immunity. … Continue reading

Posted in Excessive force, Strip search, Waiver | Comments Off on CA4: Ptf, a contract jail nurse, states a claim for being strip searched when mistaken for inmate [in scrubs]

TX5: lack of a prompt determination of PC to detain def is moot by the time the trial starts

The lack of a prompt determination of probable cause to detain defendant is moot by the time the trial starts. Moses v. State, 2024 Tex. App. LEXIS 950 (Tex. App. – Dallas Feb. 6, 2024). “Taking as true that Agent … Continue reading

Posted in Arrest or entry on arrest, Excessive force, Seizure | Comments Off on TX5: lack of a prompt determination of PC to detain def is moot by the time the trial starts

OH8: Graham v. Connor reasonableness standard applied where police are charged with assault on civilians

Defendant was a Cleveland PD officer convicted of misdemeanor assault on a civilian by putting his hands around the throat of an arrestee. Even under the Garner standard for Fourth Amendment reasonableness, the evidence was sufficient to support the verdict. … Continue reading

Posted in Computer and cloud searches, Excessive force, Probation / Parole search, Reasonableness | Comments Off on OH8: Graham v. Connor reasonableness standard applied where police are charged with assault on civilians

CA5: This circuit’s “moment of threat” doctrine for excessive force should be re-examined as contrary to Garner

The “moment of threat” doctrine of excessive force cases in this circuit seems contrary to Tennessee v. Garner, and it should be revisited by the whole court. Barnes v. Felix, 2024 U.S. App. LEXIS 1530 (5th Cir. Jan. 23, 2024):

Posted in Excessive force | Comments Off on CA5: This circuit’s “moment of threat” doctrine for excessive force should be re-examined as contrary to Garner

N.D.Ga.: Use of cell phone cash app to facilitate PPP fraud justified SW for phone

Use of a cell phone cash app to facilitate spending PPP loan fraud justified warrant for phone. United States v. Foster, 2024 U.S. Dist. LEXIS 11369 (N.D. Ga. Jan. 22, 2024). Codefendant’s case: United States v. Baptiste, 2024 U.S. Dist. … Continue reading

Posted in Cell phones, Excessive force, Probable cause, Qualified immunity, Scope of search | Comments Off on N.D.Ga.: Use of cell phone cash app to facilitate PPP fraud justified SW for phone

W.D.Ark.: Manhandling a diabetic who passed out while driving gets no QI; law well established

Plaintiff, a diabetic, had a car wreck while in a low blood sugar episode. From the court’s opinion, it’s clear the officers had no idea what they were doing when they handcuffed and Tased her for no apparent reason, then … Continue reading

Posted in Excessive force, Plain view, feel, smell, Reasonable suspicion | Comments Off on W.D.Ark.: Manhandling a diabetic who passed out while driving gets no QI; law well established

CA8: Police dog’s accidental biting of guest of officer not 4A excessive force

Police dog’s charging and biting a guest of the officer was accidental, not excessive force. Fourth Amendment claim dismissed. Whitworth v. Kling, 2024 U.S. App. LEXIS 1039 (8th Cir. Jan. 17, 2024) (The court cited a 1999 Arkansas case that … Continue reading

Posted in Excessive force, Probable cause | Comments Off on CA8: Police dog’s accidental biting of guest of officer not 4A excessive force

Guam: Seizure of USB found during frisk for officer safety unreasonable; clearly not a weapon

During a stop for stalled car, officer safety dictated the officer conduct a patdown. Seizure of a USB off defendant’s keyring was unreasonable. The stop should have ended there. Instead, the officer asked for consent which the court finds involuntary … Continue reading

Posted in Excessive force, Stop and frisk | Comments Off on Guam: Seizure of USB found during frisk for officer safety unreasonable; clearly not a weapon

D.Mass.: No PC here, and government’s GFE argument is generic and unhelpful

The affidavit for warrant here failed to show probable cause to believe a pill manufacturing operation would be found there. There was old information in the affidavit, but it was stale on its own. Also, defendants moved in the meantime … Continue reading

Posted in Excessive force, Probable cause, Staleness, Waiver | Comments Off on D.Mass.: No PC here, and government’s GFE argument is generic and unhelpful

CA6: Def’s getting CI’s call and driving to controlled buy and home was nexus for SW

Defendant’s being in his home when he received a call from the CI for a controlled buy and then his driving to the buy and back was sufficient nexus. United States v. Badley, 2023 U.S. App. LEXIS 33031 (6th Cir. … Continue reading

Posted in Excessive force, Nexus, Qualified immunity, Search incident | Comments Off on CA6: Def’s getting CI’s call and driving to controlled buy and home was nexus for SW

LA2: Arrest allegedly in violation of 4A leads to officer’s indictment, which is quashed because of justification

The officer here was charged with malfeasance in office for violating the Fourth Amendment by handcuffing a detainee for whom he was told there was an arrest warrant after he revoked consent to search: “I have someone you can talk … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off on LA2: Arrest allegedly in violation of 4A leads to officer’s indictment, which is quashed because of justification

CT: SW mentioned in a police report wasn’t Brady information

An FBI 302 mentioned a search warrant, and all of this in context did not amount to a Brady violation. Reyes v. State, 2023 Conn. App. LEXIS 272 (Nov. 28, 2023). “We conclude, based on the record, that the district … Continue reading

Posted in Excessive force, Franks doctrine, Issue preclusion | Comments Off on CT: SW mentioned in a police report wasn’t Brady information

CA5: Siccing police dog on woman in mental health crisis was excessive force; no crime involved

“Without any further attempts to subdue Sligh without the use of a dog bite, and without providing Sligh any warning that she may be subjected to a dog bite if she did not comply, Sutton sicced a dog on a … Continue reading

Posted in Cell phones, Excessive force, Good faith exception, Ineffective assistance | Comments Off on CA5: Siccing police dog on woman in mental health crisis was excessive force; no crime involved

CA11: The bodycam video showed the altercation with ptf and hospital security was reasonable

The bodycam video of plaintiff’s altercation with two hospital security guards showed they were entitled to qualified immunity. Scott v. Harris. Bouvier v. City of Covington, 2023 U.S. App. LEXIS 30822 (11th Cir. Nov. 20, 2023).* In excessive force cases, … Continue reading

Posted in Excessive force, Qualified immunity, Reasonableness | Comments Off on CA11: The bodycam video showed the altercation with ptf and hospital security was reasonable

CA8: Officer corroborated only CI’s objective information, not the crux, but that was enough for PC for automobile exception

There was no corroboration of the incriminating part of the CI’s tale that defendant, a convicted felon, kept a gun hidden under the hood of his car. “But Officer Princivalli had no reason to find Moore’s statements untrustworthy or unreliable. … Continue reading

Posted in Automobile exception, Excessive force, Informant hearsay, Seizure | Comments Off on CA8: Officer corroborated only CI’s objective information, not the crux, but that was enough for PC for automobile exception

CA11: Gov’t adequately protected against A-C materials being searched in border search of Venezuelan attorney’s cell phone; “no privileged material was ever found”

Defendant was a Venezuelan attorney whose cell phone was searched at the border. He said there likely was privileged attorney-client information on his phone, but it was searched under a DHS protocols to safeguard privileged information and legal advice was … Continue reading

Posted in Border search, Cell phones, Excessive force, Privileges | Comments Off on CA11: Gov’t adequately protected against A-C materials being searched in border search of Venezuelan attorney’s cell phone; “no privileged material was ever found”

N.D.Ala.: 4A does not require gun seen in protective sweep be immediately seized; SW was obtained

If officers saw defendant’s .22 during a protective sweep, the Fourth Amendment doesn’t require that it be seized immediately. It can be seized during execution of the later issued search warrant. A .22 is not a weapon of choice for … Continue reading

Posted in Excessive force, Issue preclusion, Plain view, feel, smell, Protective sweep | Comments Off on N.D.Ala.: 4A does not require gun seen in protective sweep be immediately seized; SW was obtained

IL: In this forfeiture seizure, the car could not be inventoried; contents were to be returned to the owner

Officers attempted a stop of a vehicle potentially involved in an earlier occurrence. Instead of stopping, the driver fled from the stop in the car. Instead of pursuing, officers had the LPN and went to where it was registered, and … Continue reading

Posted in Excessive force, Forfeiture, Inventory, Qualified immunity, Reasonable suspicion, Waiver | Comments Off on IL: In this forfeiture seizure, the car could not be inventoried; contents were to be returned to the owner

E.D.Wis.: No REP in common area of apt building, despite state law to contrary

Rejecting state law to the contrary, the district court holds that there is no reasonable expectation of privacy in the common area of an apartment building under the Fourth Amendment. United States v. Love, 2023 U.S. Dist. LEXIS 186921 (E.D. … Continue reading

Posted in Curtilage, Excessive force, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on E.D.Wis.: No REP in common area of apt building, despite state law to contrary

WI: Forensic search of electronics two months after seizure didn’t violate state statute on execution of SW

A search warrant was timely “executed” when the electronic device was seized within five days per the warrant and state law, even though the forensic search didn’t take place for two more months. “[W]e emphasize that in this appeal Drachenberg … Continue reading

Posted in § 1983 / Bivens, Excessive force, Warrant execution | Comments Off on WI: Forensic search of electronics two months after seizure didn’t violate state statute on execution of SW