D.V.I.: 19 warning shots from USCG helicopter to effect stop of boat wasn’t unreasonable

The Coast Guard did not use unreasonable excessive force in firing 19 warning shots from a helicopter to get defendants to stop their boat. United States v. Menocal-Mero, 2024 U.S. Dist. LEXIS 99881 (D.V.I. June 5, 2024).

Viewing the bodycam, “The Court need not opine on whether Officer Wesler had reasonable suspicion to search Mr. Anderson merely from his observations of the bag at the time he exited the vehicle, because those suspicions were heightened by Mr. Anderson’s subsequent flight from the uniformed officers.” United States v. Anderson, 2024 U.S. Dist. LEXIS 99365 (S.D.N.Y. May 28, 2024).*

“First, McGee’s statements were non-custodial because he: (1) was not under arrest; (2) was not a suspect; (3) was in his own home and had unrestrained freedom of movement while speaking to the officers; and (4) voluntarily responded to questions and did not object to providing basic information to officers. … Second, McGee’s statements were the product of rational intellect and free will. … Third, the initial search of the residence was justified by exigent circumstances because the unsecured firearm posed a danger to the officers and other occupants of the home. …” United States v. McGee, 2024 U.S. Dist. LEXIS 99902 (E.D. Ark. June 5, 2024).*

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