{"id":55429,"date":"2023-07-24T00:00:00","date_gmt":"2023-07-24T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55429"},"modified":"2023-07-23T17:20:10","modified_gmt":"2023-07-23T22:20:10","slug":"ca6-unintended-target-of-a-police-shooting-another-officer-has-a-4a-seizure-and-excessive-force-claim","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55429","title":{"rendered":"CA6: Unintended target of a police shooting, another officer, has a 4A seizure and excessive force claim"},"content":{"rendered":"\n<p>One officer fired a gun at a suspect inside a dwelling, apparently without aiming, and hit another officer. That was still a Fourth Amendment seizure of the person of the officer despite being an unintended target. <a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/23a0334n-06.pdf\">Kilnapp v. City of Cleveland<\/a>, 2023 U.S. App. LEXIS 18620 (6th Cir. July 21, 2023).<\/p>\n\n\n\n<p>The court finds the testimony supporting standing of defendant\u2019s friend to be self-serving and not credible. It&#8217;s defendant&#8217;s burden, and he fails. United States v. Carter, 2023 U.S. Dist. LEXIS 126305 (M.D. La. July 21, 2023).*<\/p>\n\n\n\n<p>\u201cThe 35-day delay between the date of detention and the defendants&#8217; initial appearance is reasonable. The interdiction occurred in the Caribbean Sea, not a great distance from Puerto Rico. \u2026 USCG cutters are not, however, \u2018used as taxis to ferry detainees immediately to the nearest United States port \u2026. The Government is not required to take the fastest possible route to the courthouse, just a reasonable one.\u2019\u201d United States v. Nibbs, 2023 U.S. Dist. LEXIS 126295 (D.P.R. July 20, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>One officer fired a gun at a suspect inside a dwelling, apparently without aiming, and hit another officer. That was still a Fourth Amendment seizure of the person of the officer despite being an unintended target. Kilnapp v. City of &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55429\">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":[50,66,52,69],"tags":[],"class_list":["post-55429","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-burden-of-proof","category-excessive-force","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55429","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=55429"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55429\/revisions"}],"predecessor-version":[{"id":55430,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55429\/revisions\/55430"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55429"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}