Daily Archives: November 21, 2023

NC: Officer who made illegal entry was not discharging “official duty” when he was assaulted

“As a warrant was required for the officers to lawfully enter the home, and no warrant had been issued when the officers entered the home and encountered Defendant, the officers’ entry into the home was unlawful. Thus, the State failed … Continue reading

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LA4: CI’s success rate not important when CI corroborated by controlled buy

The affidavit for the warrant here did, in fact, show probable cause and nexus from the informant’s reports corroborated by observations of the officers. The lack of a success rate by the CI wasn’t as important when he was corroborated … Continue reading

Posted in Automobile exception, Informant hearsay, Reasonable suspicion, Standing | Comments Off on LA4: CI’s success rate not important when CI corroborated by controlled buy

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

NY Erie Co.: Temporary Extreme Risk Protection Order didn’t satisfy 4A for criminal case

An officer sought a Temporary Extreme Risk Protection Order (TERPO) under NYS law for defendant’s allegedly pointing a gun at his alleged victims from a car. This is a civil remedy, and, here, it did not provide any protection under … Continue reading

Posted in Particularity, Seizure | Comments Off on NY Erie Co.: Temporary Extreme Risk Protection Order didn’t satisfy 4A for criminal case