Daily Archives: April 17, 2024

CA6 disagrees with CA7 on de minimis injuries under § 1983 force cases

“We end with two disclaimers. As for the first disclaimer, courts have suggested that § 1983 does not provide a cause of action for ‘trifling’ injuries—whether a plaintiff alleges a violation of the First Amendment, the Fourth Amendment, or any … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off on CA6 disagrees with CA7 on de minimis injuries under § 1983 force cases

MO: No duty of care owed by police to fleeing motorist

There was no duty owed to a fleeing motorist who killed himself and his passenger in flight. The police owed a duty to the rest of the locale to stop them. This was reasonable under Scott. Neil v. St. Louis … Continue reading

Posted in Excessive force, Probable cause, Reasonable suspicion, Standards of review | Comments Off on MO: No duty of care owed by police to fleeing motorist

D.P.R.: Indictment for possession of switches to convert handguns to machine guns justified vehicle search when defendant was stopped

Defendant was indicted for possession of conversion devices to make handguns machine guns. That justified search of his car when he was stopped. United States v. Berríos-Aquino, 2024 U.S. Dist. LEXIS 66657 (D.P.R. Apr. 4, 2024). The DEA subpoena for … Continue reading

Posted in Automobile exception, Protective sweep, Subpoenas / Nat'l Security Letters | Comments Off on D.P.R.: Indictment for possession of switches to convert handguns to machine guns justified vehicle search when defendant was stopped

N.D.Ohio: Heroin and three guns in plain view was exigency for entry with child alone inside

Police knowing that defendant’s 12-year-old son was in the house alone with a significant quantity of heroin and three firearms all in plain view was exigency for entry. There also previous complaints to Family Services. United States v. Woodard, 2024 … Continue reading

Posted in Emergency / exigency, Franks doctrine, Reasonable expectation of privacy, Warrant execution | Comments Off on N.D.Ohio: Heroin and three guns in plain view was exigency for entry with child alone inside

S.D.Fla.: SW application redacted for discovery for now

For the time being, the search warrant application is redacted in discovery under Rule 6(e). “First, the Special Counsel opposes the disclosure of a search warrant application for Defendant De Oliveira’s Gmail account …. This includes the search warrant itself, … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion, Warrant papers | Comments Off on S.D.Fla.: SW application redacted for discovery for now