D.Mass.: Renter of car who loaned it out still had standing in the car

Defendant rented a car in his name two weeks before the search. He had standing in the car when somebody borrowed it and was stopped. The court declines to find that the dog handler cued the dog. Audio of a surreptitiously recorded video is suppressed but the video is not. United States v. Cruz, 2020 U.S. Dist. LEXIS 46807 (D. Mass. Mar. 18, 2020).

Plaintiff’s Fourth Amendment claim was affirmed because he failed to identify any case that addressed whether law enforcement could tackle a non-compliant suspect and use additional force against him if he resisted arrest. [There should be because we see this all the time in criminal courts.] Thus, there was qualified immunity. There was also probable cause for his prosecution. Howse v. Hodous, 2020 U.S. App. LEXIS 8556 (6th Cir. Mar. 18, 2020).*

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