{"id":16795,"date":"2015-04-16T09:35:44","date_gmt":"2015-04-16T14:35:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16795"},"modified":"2015-04-17T08:40:06","modified_gmt":"2015-04-17T13:40:06","slug":"ca3-use-of-a-police-baton-on-legs-to-subdue-struggling-suspect-was-reasonable-si-of-fleeing-suspect-reasonable-and-based-on-fact","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=16795","title":{"rendered":"CA3: Use of a police baton on legs to subdue struggling suspect was reasonable; SI of fleeing suspect reasonable and based on fact"},"content":{"rendered":"<p>Defendant was pulled over for possible speeding in a 25 mph zone, and he fled the car, tugging at his pants as he was running, strongly suggesting a gun in his pocket or waistband. One officer tackled him and had to wrestle with him to get handcuffs on. Another officer hit him on the muscular part of his legs three times with a police baton to get him to give up. The search after that produced a gun. All this was reasonable. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/142695np.pdf\">United States v. Edmonds<\/a>, 2015 U.S. App. LEXIS ___  (3d Cir. April 15, 2015).<\/p>\n<p>The officer had reasonable suspicion to encounter defendant, and he got defendant to show his waistband to see if there was a gun. There wasn\u2019t, but defendant admitted a gun in the car. The officer then handcuffed defendant. FIPF conviction affirmed. <a href=\"http:\/\/opinions.aoc.arkansas.gov\/WebLink8\/0\/doc\/332832\/Page1.aspx\">Fowler v. State<\/a>, 2015 Ark. App. 232 (April 15, 2015).*<\/p>\n<p>The search warrant was executed in good faith and the factual basis was close enough for probable cause on plain error review. \u201cBecause the execution of the search warrant in this case falls squarely within the good-faith exception to the exclusionary rule, we do not find facially substantial grounds to believe that a manifest injustice or miscarriage of justice has occurred. Accordingly, we need not proceed to the second step of plain error review to determine whether a manifest injustice or miscarriage of justice has actually occurred.\u201d <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=85415\">State v. Halliday<\/a>, 2015 Mo. App. LEXIS 408 (April 14, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was pulled over for possible speeding in a 25 mph zone, and he fled the car, tugging at his pants as he was running, strongly suggesting a gun in his pocket or waistband. One officer tackled him and had &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=16795\">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":[50,20,35,63],"tags":[],"class_list":["post-16795","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-probable-cause","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16795","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=16795"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16795\/revisions"}],"predecessor-version":[{"id":16816,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16795\/revisions\/16816"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16795"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16795"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16795"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}