{"id":30835,"date":"2017-12-22T06:29:08","date_gmt":"2017-12-22T11:29:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30835"},"modified":"2017-12-22T10:23:57","modified_gmt":"2017-12-22T15:23:57","slug":"ca11-its-reasonable-to-assume-the-person-named-in-an-arrest-warrant-is-home-at-11-pm","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30835","title":{"rendered":"CA11: It&#8217;s reasonable to assume the person named in an arrest warrant is home at 11 pm"},"content":{"rendered":"<p>Officers had an arrest warrant for plaintiff and a reasonable belief he\u2019d be at home at 11 pm in February when it would be presumed one would be home. He\u2019d listed that place as his address during a prior arrest, and that it was his home was inferentially corroborated by an occupant. The Tasering of the arrestee\u2019s mother, based on this record, wasn\u2019t remotely justified, and she states a claim for excessive force. She wasn\u2019t interfering or resisting; she was upset they wouldn\u2019t leave her house. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/pub\/files\/201610256.pdf\">Brand v. Casal<\/a>, 2017 U.S. App. LEXIS 25587 (11th Cir. Dec. 19, 2017).<\/p>\n<p>Defendant\u2019s cell site location information claim wasn\u2019t presented to the trial court and no record supports hearing it on appeal. <a href=\"http:\/\/www.jud.state.ct.us\/external\/supapp\/Cases\/AROap\/AP178\/178AP62.pdf\">State v. Azevedo<\/a>, 178 Conn. App. 671, 2017 Conn. App. LEXIS 497 (Dec. 19, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers had an arrest warrant for plaintiff and a reasonable belief he\u2019d be at home at 11 pm in February when it would be presumed one would be home. He\u2019d listed that place as his address during a prior arrest, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=30835\">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":[50,52],"tags":[],"class_list":["post-30835","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-excessive-force"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30835","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=30835"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30835\/revisions"}],"predecessor-version":[{"id":30852,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30835\/revisions\/30852"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30835"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30835"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30835"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}