{"id":55188,"date":"2023-06-19T06:56:27","date_gmt":"2023-06-19T11:56:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55188"},"modified":"2023-06-19T06:59:49","modified_gmt":"2023-06-19T11:59:49","slug":"ca1-vertical-collective-knowledge-applied-horizontal-doesnt-have-to-be-decided","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55188","title":{"rendered":"CA1: Vertical collective knowledge applied; horizontal doesn&#8217;t have to be decided"},"content":{"rendered":"\n<p>Vertical collective knowledge clearly applies where an officer directed another to make a stop. Therefore, the bounds of horizontal collective knowledge doesn\u2019t matter here. <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/21-1813P-01A.pdf\" data-type=\"URL\" data-id=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/21-1813P-01A.pdf\">United States v. Balser<\/a>, 2023 U.S. App. LEXIS 15060 (1st Cir. June 16, 2023) (a good explanation of both).<\/p>\n\n\n\n<p>At the summary judgment stage, there were clear facts that the officer was reasonable in his belief for reasonable suspicion that a crime was occurring when he confronted plaintiff. \u201cWe may also consider \u2018the availability of less intrusive alternatives to the force employed and whether warnings were given.\u2019 \u2026 Whether the suspect poses a threat is \u2018the most important single element.\u2019 Smith v. City of Hemet, 394 F.3d 689, 702 (9th Cir. 2005) (en banc) (quotation omitted). We do not, however, consider these factors with clinical detachment. We must evaluate them appreciating that \u2018police officers are often forced to make split-second judgments\u2014in circumstances that are tense, uncertain, and rapidly evolving\u2014about the amount of force that is necessary in a particular situation.\u2019 Graham, 490 U.S. at 396-97.\u201d Hopson v. Alexander, 2023 U.S. App. LEXIS 15033 (9th Cir. June 16, 2023).*<\/p>\n\n\n\n<p>Defendant consented to entry of his home by the officer. United States v. Wasson, 2023 U.S. Dist. LEXIS 104834 (S.D. Tex. June 16, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Vertical collective knowledge clearly applies where an officer directed another to make a stop. Therefore, the bounds of horizontal collective knowledge doesn\u2019t matter here. United States v. Balser, 2023 U.S. App. LEXIS 15060 (1st Cir. June 16, 2023) (a good &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55188\">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":[93,24,35],"tags":[],"class_list":["post-55188","post","type-post","status-publish","format-standard","hentry","category-collective-knowledge","category-consent","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55188","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=55188"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55188\/revisions"}],"predecessor-version":[{"id":55190,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55188\/revisions\/55190"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55188"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55188"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55188"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}