{"id":49833,"date":"2021-10-02T13:19:47","date_gmt":"2021-10-02T18:19:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49833"},"modified":"2021-10-02T13:19:47","modified_gmt":"2021-10-02T18:19:47","slug":"ca1-arrest-for-dv-was-with-pc-despite-disputed-self-defense-claim","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49833","title":{"rendered":"CA1: Arrest for DV was with PC despite disputed self-defense claim"},"content":{"rendered":"\n<p>Plaintiff was arrested for domestic violence, asserting he was defending himself. When the state charges were dropped, he sued the officer. His version of the facts do not unequivocally support self-defense or defense of premises, so the officer gets qualified immunity. <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/20-2015P-01A.pdf\">Karamanoglu v. Town of Yarmouth<\/a>, 2021 U.S. App. LEXIS 29561 (1st Cir. Sept. 30, 2021).<\/p>\n\n\n\n<p>\u201c[W]e hold that the BAC test of the defendant&#8217;s blood sample was not a search within the meaning of Part I, Article 19.\u201d An alleged drunk driver has no reasonable expectation of privacy in his or her BAC. <a href=\"https:\/\/www.courts.nh.gov\/sites\/g\/files\/ehbemt471\/files\/documents\/2021-09\/2021041almeida.pdf\">State v. Almeida<\/a>, 2021 N.H. LEXIS 146 (Sept. 29, 2021).<\/p>\n\n\n\n<p>Defendant only argued lack of probable cause in his motion to suppress, and he did not argue staleness. The court considers it anyway as a part of the probable cause analysis and finds that there was. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/9\/2021\/2021-Ohio-3444.pdf\">State v. Corn<\/a>, 2021-Ohio-3444, 2021 Ohio App. LEXIS 3376 (9th Dist. Sept. 30, 2021).* (Staleness is a part of the probable cause analysis, but the court could have just as easily declined to get to that question because of waiver.)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff was arrested for domestic violence, asserting he was defending himself. When the state charges were dropped, he sued the officer. His version of the facts do not unequivocally support self-defense or defense of premises, so the officer gets qualified &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=49833\">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":[50,55,20,18],"tags":[],"class_list":["post-49833","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-drug-testing","category-probable-cause","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49833","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=49833"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49833\/revisions"}],"predecessor-version":[{"id":49834,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49833\/revisions\/49834"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49833"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49833"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49833"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}