{"id":46851,"date":"2021-01-14T07:23:29","date_gmt":"2021-01-14T12:23:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46851"},"modified":"2021-01-14T07:23:29","modified_gmt":"2021-01-14T12:23:29","slug":"ca1-when-police-justifiably-shoot-at-a-car-a-passenger-hit-has-no-claim","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46851","title":{"rendered":"CA1: When police justifiably shoot at a car, a passenger hit has no claim"},"content":{"rendered":"\n<p>A police officer fired at a vehicle driven by an armed man that was trying to hit him, and a passenger was hit. On the undisputed facts, the use of force was reasonable. <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/20-1343P-01A.pdf\">Fagre v. Parks<\/a>, 2021 U.S. App. LEXIS 887 (1st Cir. Jan. 13, 2021).*<\/p>\n\n\n\n<p>\u201cThe district court correctly applied the multi-part legal analysis and did not commit error, much less clear error, in its factual finding that Det. Tupper&#8217;s statement to Mumme that he would seek a search warrant did not vitiate Mumme&#8217;s consent to enter his home and to seize his electronic devices. \u2018[C]onsent to a search is not invalid merely because it is secured by an officer&#8217;s accurate assurance that there will soon be a lawful search anyway,\u2019 and while \u2018the law rejects consent secured by knowingly false representations \u2026 [,] at the same time [it] see[s] no reason to deter officers from securing convenient and prompt consensual access by conveying accurate information to a recipient.\u2019 United States v. V\u00e1zquez, 724 F.3d 15, 22 (1st Cir. 2013) (collecting cases) \u2026.\u201d <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/19-1983P-01A.pdf\">United States v. Mumme<\/a>, 2021 U.S. App. LEXIS 888 (1st Cir. Jan. 13, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A police officer fired at a vehicle driven by an armed man that was trying to hit him, and a passenger was hit. On the undisputed facts, the use of force was reasonable. Fagre v. Parks, 2021 U.S. App. LEXIS &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46851\">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":[45,24,52],"tags":[],"class_list":["post-46851","post","type-post","status-publish","format-standard","hentry","category-45","category-consent","category-excessive-force"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46851","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=46851"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46851\/revisions"}],"predecessor-version":[{"id":46852,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46851\/revisions\/46852"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46851"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46851"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46851"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}