Daily Archives: March 14, 2023

CA1: Waiver of 4A claim in lower court is waiver for appeal

Defendant explicitly waived his Fourth Amendment claim in the district court, so he can’t appeal it. United States v. Concepcion-Guliam, 2023 U.S. App. LEXIS 5830 (1st Cir. Mar. 10, 2023). Delaware’s loitering statute gives the officer the right to ask … Continue reading

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CA5: Videos alone show no QI

Based on the videos alone, there was excessive force and qualified immunity is denied. Ducksworth v. Landrum, 2023 U.S. App. LEXIS 5807 (5th Cir. Mar. 10, 2023):

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CA8: GFE applies to dog sniff at apt door before law changed

Defendant’s apartment door was subjected to a dog sniff at his apartment door before the court limited it in United States v. Perez, 46 F.4th 691 (8th Cir. 2022). The good faith exception applies. United States v. Hines, 2023 U.S. … Continue reading

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S.D.Ind.: 911 response to stabbing call had report of others inside; that was exigency

The officer arrived at plaintiff’s house because of a 911 call about a stabbing. A man who had been stabbed was outside and he said it happened inside and there were others. That justified the officer’s entry into the house. … Continue reading

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