CA6: 4A doesn’t impose a “shot clock” on staleness

A three-week-old controlled buy was part of the probable cause. The Fourth Amendment doesn’t impose a “shot clock” on staleness. Nexus was clear: “The nexus in this case, by contrast, left nothing to the imagination.” Police used pole camera surveillance of a storage unit for several days. That was no trespass. And it was with a warrant, no less. Finally Franks: “Easter cannot meet this standard. He provides no evidence that even suggests, much less shows, that the police had an ‘intention to mislead.’ That alone undercuts his challenge. Making matters worse, none of the alleged omissions identified by Easter would have changed the probable-cause calculation.” United States v. Easter, 2026 U.S. App. LEXIS 49 (6th Cir. Jan. 2, 2026).*

“When Childress moved toward them, his left arm and hand swung back and forth while his right arm did not, and his right hand was not visible. Prior to the encounter, the officers were informed that Childress was suspected of attempted homicide, and that he may have had access to a firearm. The officers testified that as Childress approached them, they could only see his left hand. And Childress did not respond to the officers’ repeated commands to “drop the gun” and show his hands. Under these circumstances, and viewing the evidence in the light most favorable to Plaintiffs, Bohanon’s and Walford’s belief that Childress possessed a firearm was reasonable as a matter of law.” K.C. v. Las Vegas Metro. Police Dep’t, 2026 U.S. App. LEXIS 10 (9th Cir. Jan. 2, 2026).*

This entry was posted in Excessive force, Qualified immunity, Staleness. Bookmark the permalink.

Comments are closed.