{"id":22669,"date":"2016-06-22T10:28:12","date_gmt":"2016-06-22T15:28:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22669"},"modified":"2016-06-22T10:28:12","modified_gmt":"2016-06-22T15:28:12","slug":"ma-officers-failure-to-testify-to-the-facts-for-his-belief-that-defendant-was-traveling-at-an-unreasonable-speed-made-the-stop-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22669","title":{"rendered":"MA: Officer\u2019s failure to testify to the facts for his belief that defendant was traveling at an \u201cunreasonable speed\u201d made the stop unreasonable"},"content":{"rendered":"<p>The officer\u2019s failure to testify to the facts for his belief that defendant was traveling at an \u201cunreasonable speed\u201d made the stop unreasonable. Thus, the passenger\u2019s flight from the car after the stop and the seizure of a gun from him was suppressed. <a href=\"http:\/\/www.mass.gov\/courts\/docs\/sjc\/reporter-of-decisions\/new-opinions\/12010.pdf\">Commonwealth v. Teixeira-Furtado<\/a>, 2016 Mass. LEXIS 380 (June 20, 2016).<\/p>\n<p>On a 12(b)(6) motion, plaintiff\u2019s complaint that officers wantonly shot their dogs plausibly pled a Fourth Amendment claim that was clearly established. Denial of motion to dismiss affirmed, but it appears defendants\u2019 may have a plausible excuse for summary judgment. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/15\/15-3074.pdf\">Mayfield v. Bethards<\/a>, 2016 U.S. App. LEXIS 11096 (10th Cir. June 20, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer\u2019s failure to testify to the facts for his belief that defendant was traveling at an \u201cunreasonable speed\u201d made the stop unreasonable. Thus, the passenger\u2019s flight from the car after the stop and the seizure of a gun from &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22669\">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":[45,35],"tags":[],"class_list":["post-22669","post","type-post","status-publish","format-standard","hentry","category-45","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22669","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=22669"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22669\/revisions"}],"predecessor-version":[{"id":22670,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22669\/revisions\/22670"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22669"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22669"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22669"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}