{"id":12547,"date":"2014-07-16T04:56:38","date_gmt":"2014-07-16T09:56:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12547"},"modified":"2014-07-16T04:56:38","modified_gmt":"2014-07-16T09:56:38","slug":"ca11-tasering-armed-man-out-of-a-tree-where-he-broke-his-back-entitled-to-qi","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12547","title":{"rendered":"CA11: Tasering armed man out of a tree where he broke his back entitled to QI"},"content":{"rendered":"<p>Plaintiff was drunk in a tree with a gun after an altercation at a party. The police came and he refused to some down. He was Tasered twice, the second time falling headfirst eight feet and becoming a paraplegic. The police were entitled to qualified immunity for the use of force under the Fourth Amendment because the Tasering did not violate clearly established law. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201313190.pdf\">Harper v. Davis<\/a>, 2014 U.S. App. LEXIS 13364 (11th Cir. July 11, 2014).<\/p>\n<p>There was reasonable suspicion that defendant was engaged in smuggling activity near the Vermont-Canadian border, and his stop was reasonable. United States v. Cordero, 2014 U.S. Dist. LEXIS 95227 (D. Vt. July 14, 2014).*<\/p>\n<p>There was probable cause, so the search of defendant\u2019s car was valid either under the automobile exception or as a search incident. Therefore, inventory is moot. United States v. Aybar, 2014 U.S. Dist. LEXIS 94824 (C.D. Ill. July 11, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff was drunk in a tree with a gun after an altercation at a party. The police came and he refused to some down. He was Tasered twice, the second time falling headfirst eight feet and becoming a paraplegic. The &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12547\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,36,52,40,35],"tags":[],"class_list":["post-12547","post","type-post","status-publish","format-standard","hentry","category-45","category-automobile-exception","category-excessive-force","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12547","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12547"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12547\/revisions"}],"predecessor-version":[{"id":12548,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12547\/revisions\/12548"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12547"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12547"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12547"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}