{"id":49798,"date":"2021-09-28T07:03:38","date_gmt":"2021-09-28T12:03:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49798"},"modified":"2021-09-28T07:03:38","modified_gmt":"2021-09-28T12:03:38","slug":"id-states-argument-on-timing-of-when-rs-arose-changed-on-appeal-so-its-waived","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49798","title":{"rendered":"ID: State’s argument on timing of when RS arose changed on appeal, so it’s waived"},"content":{"rendered":"\n

The trial court invited the state to brief reasonable suspicion for the stop, but it instead relied exclusively on the community caretaking function. It argued below that reasonable suspicion developed after the stop. On appeal, it argued reasonable suspicion justified the stop. These are inconsistent positions, and the state waived the argument by not presenting it to the trial court. State v. Wilson<\/a>, 2021 Ida. LEXIS 153 (Sept. 27, 2021).<\/p>\n\n\n\n

If the force was unjustified, de minimus injury doesn\u2019t matter. \u201cAccepting Grimes’s version of events as true, we find that Grimes’s beating after having surrendered and having been handcuffed and compliant and the failure by any officers to intervene constitute a per se Fourth Amendment violation, regardless of the scope of his injuries.\u201d Grimes v. Rott<\/a>, 2021 U.S. App. LEXIS 29113 (11th Cir. Sept. 27, 2021).*<\/p>\n\n\n\n

There was a hearing on defendant\u2019s untimely motion to suppress, but apparently not a \u201cfull hearing.\u201d Based on all that\u2019s in the record, there was reasonable suspicion for defendant\u2019s being handcuffed and frisked. State v. Hunt<\/a>, 2021-Ohio-3400, 2021 Ohio App. LEXIS 3315 (12th Dist. Sept. 27, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The trial court invited the state to brief reasonable suspicion for the stop, but it instead relied exclusively on the community caretaking function. It argued below that reasonable suspicion developed after the stop. On appeal, it argued reasonable suspicion justified … Continue reading →<\/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":[52,35,129],"tags":[],"class_list":["post-49798","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-reasonable-suspicion","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49798","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=49798"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49798\/revisions"}],"predecessor-version":[{"id":49799,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49798\/revisions\/49799"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49798"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49798"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49798"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}