{"id":1829,"date":"2008-04-18T08:40:49","date_gmt":"2008-02-27T08:08:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-27T08:18:07","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1829","title":{"rendered":"Excessive force claim not precluded by guilty plea to battery on an officer"},"content":{"rendered":"

Conviction for battery on a police officer did not preclude a claim that the officer used excessive force on the plaintiff. Wells v. Brigman, 2008 U.S. Dist. LEXIS 13939 (E.D. Ark. February 25, 2008).*<\/p>\n

Federal court declines to reach merits of a search claim that would be pending within a state criminal case. Dillard v. Sanchez, 2008 U.S. Dist. LEXIS 13687 (D. Ore. February 22, 2008).*<\/p>\n

Defendant’s consent was found to have been given in an atmosphere of relative calm, not badgering him as he claimed. The police were called to his property by a utility worker who found trip wires at the entrance to his property, and the worker had encountered a trip wire that set off an explosion once before. United States v. Zaleski, 2008 U.S. Dist. LEXIS 13709 (D. Conn. February 22, 2008).*<\/p>\n

A motorcycle lawfully parked was still subject to impoundment. Also, failure to scrupulously follow the impoundment policy does not make the impoundment or search thereafter unconstitutional. United States v. Sanchez, 535 F. Supp. 2d 216 (D. Mass. 2008).* <\/p>\n","protected":false},"excerpt":{"rendered":"

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