{"id":47229,"date":"2021-02-11T11:34:01","date_gmt":"2021-02-11T16:34:01","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47229"},"modified":"2021-02-11T11:34:39","modified_gmt":"2021-02-11T16:34:39","slug":"ca3-crashing-a-fleeing-car-here-wasnt-excessive-force","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=47229","title":{"rendered":"CA3: Crashing a fleeing car here wasn&#8217;t excessive force"},"content":{"rendered":"\n<p>Crashing a fleeing car here wasn\u2019t unreasonable as excessive force. \u201cHere, we agree with the District Court&#8217;s determination that no reasonable juror could find that the force used by Officer Biagini was excessive. It is beyond dispute that, in the course of executing a warrant for Desabetino&#8217;s arrest, it was objectively reasonable for Officer Biagini to determine that Desabetino was attempting to evade arrest by flight. The force that Officer Biagini used to prevent Desabetino from fleeing in his vehicle, resulting in no serious injuries, was not excessive under the circumstances. Similarly, the non-deadly force that Officer Snider initially used to assist Officer Biagini in the struggle with Desabetino was objectively reasonable under the circumstances.\u201d <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/202402np.pdf\">Desabetino v. Biagini<\/a>, 2021 U.S. App. LEXIS 3693 (3d Cir. Feb. 10, 2021).<\/p>\n\n\n\n<p>Parents don\u2019t have a Fourth Amendment claim for seizure of the child; the child does. A family court order is functionally a warrant, and it has to be issued on probable cause. <a href=\"https:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/ff46e69b-1233-4994-9493-5f25a9601ac2\/5\/doc\/19-3240_so.pdf#xml=https:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/ff46e69b-1233-4994-9493-5f25a9601ac2\/5\/hilite\/\">Smith v. Tkach<\/a>, 2021 U.S. App. LEXIS 3669 (2d Cir. Feb. 10, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Crashing a fleeing car here wasn\u2019t unreasonable as excessive force. \u201cHere, we agree with the District Court&#8217;s determination that no reasonable juror could find that the force used by Officer Biagini was excessive. It is beyond dispute that, in the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=47229\">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":[52,34,37],"tags":[],"class_list":["post-47229","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-standing","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47229","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=47229"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47229\/revisions"}],"predecessor-version":[{"id":47230,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47229\/revisions\/47230"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47229"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47229"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47229"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}