{"id":39146,"date":"2019-08-14T09:41:01","date_gmt":"2019-08-14T14:41:01","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39146"},"modified":"2019-08-14T09:41:01","modified_gmt":"2019-08-14T14:41:01","slug":"d-mass-gfe-applies-to-scope-of-search-under-sw-where-place-to-be-searched-was-two-floors-not-one","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39146","title":{"rendered":"D.Mass.: GFE applies to scope of search under SW where place to be searched was two floors, not one"},"content":{"rendered":"<p>The issue here is whether the search warrant was overbroad because it turned out that the place to be searched was really two floors not one, but it wasn\u2019t obvious from the outside. \u201cThe Court need not resolve this complex issue because, even if the warrant only authorized a search of the second floor and the officers exceeded its scope by searching the third-floor bedroom, the good-faith exception to the exclusionary rule applies.\u201d United States v. Pimentel, 2019 U.S. Dist. LEXIS 134853 (D. Mass. Aug. 12, 2019).<\/p>\n<p>Shelby County officers shooting a suicidal man with a knife at his own throat was excessive force. \u201cMay police officers shoot an uncooperative individual when he presents an immediate risk to himself but not to others? No, case law makes clear. We thus affirm the district court&#8217;s decision to deny the officers&#8217; motion for summary judgment based on qualified immunity.\u201d <a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/19a0191p-06.pdf\">Studdard v. Shelby County<\/a>, 2019 U.S. App. LEXIS 23894 (6th Cir. Aug. 12, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The issue here is whether the search warrant was overbroad because it turned out that the place to be searched was really two floors not one, but it wasn\u2019t obvious from the outside. \u201cThe Court need not resolve this complex &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39146\">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":[52,11,59],"tags":[],"class_list":["post-39146","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-good-faith-exception","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39146","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=39146"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39146\/revisions"}],"predecessor-version":[{"id":39147,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39146\/revisions\/39147"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39146"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39146"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39146"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}