Daily Archives: August 15, 2024

S.D.N.Y.: Slapping ptf during her arrest to control her not shown to be unreasonable

Plaintiff does not plausibly allege that slapping during arrest to control her was objectively unreasonable. Harding v. Gould, 2024 U.S. Dist. LEXIS 141944 (S.D.N.Y. Aug. 9, 2024).* The officer here shot and killed a 13-year-old holding and raising a toy … Continue reading

Posted in Arrest or entry on arrest, Qualified immunity | Comments Off on S.D.N.Y.: Slapping ptf during her arrest to control her not shown to be unreasonable

CADC: Ptf’s arrest on mistaken identity was still reasonable

The District Court correctly granted qualified immunity to an officer who detained plaintiff due to a mistaken identity fugitive warrant because there was no showing that any reasonable official in the defendant’s shoes would have understood that he was violating … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Probable cause, Qualified immunity | Comments Off on CADC: Ptf’s arrest on mistaken identity was still reasonable

CADC: Unreasonable retention of property after a case is resolved can violate 4A

Looking to the common law, unreasonable retention of property after a case is resolved can violate the Fourth Amendment. Asinor v. District of Columbia, 2024 U.S. App. LEXIS 20098 (D.C. Cir. Aug. 9, 2024):

Posted in Rule 41(g) / Return of property, Seizure | Comments Off on CADC: Unreasonable retention of property after a case is resolved can violate 4A

CA6: No special REP in crypto in FinCEN 8300 reporting

There is no special reasonable expectation of privacy under the Fourth Amendment to bar the IRS/FinCEN Form 8300 reporting requirement. Carman v. Yellen, 2024 U.S. App. LEXIS 20033 (6th Cir. Aug. 9, 2024). Four of petitioner’s 2255 claims involved a … Continue reading

Posted in Ineffective assistance, Issue preclusion, Reasonable expectation of privacy | Comments Off on CA6: No special REP in crypto in FinCEN 8300 reporting