{"id":55610,"date":"2023-08-15T11:16:08","date_gmt":"2023-08-15T16:16:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55610"},"modified":"2023-08-15T11:16:08","modified_gmt":"2023-08-15T16:16:08","slug":"w-d-okla-pepper-spray-use-under-the-circumstances-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55610","title":{"rendered":"W.D.Okla.: Pepper spray use under the circumstances was reasonable"},"content":{"rendered":"\n<p>\u201cAnthony argues that Gottschalk used excessive force when he sprayed him with OC spray, which the court now refers to as pepper spray. Applying the Graham factors and considering the totality of the circumstances, the court concludes that a reasonable jury could not find that Gottschalk&#8217;s use of pepper spray was objectively unreasonable.\u201d Anthony v. City of Oklahoma City, 2023 U.S. Dist. LEXIS 141308 (W.D.Okla. Aug. 14, 2023).*<\/p>\n\n\n\n<p>A jury could conclude the use of force here was unreasonable. Clerkley v. City of Oklahoma City, 2023 U.S. Dist. LEXIS 141309 (W.D.Okla. Aug. 14, 2023).*<\/p>\n\n\n\n<p>The cell phone search was valid when it happened, but the law changed. The search was valid under Davis\u2019s good faith exception. United States v. Berrios, 2023 U.S. Dist. LEXIS 141331 (N.D.Ill. Aug. 14, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s temporary tag was not clearly visible at the time of the stop, and that justified it. United States v. James, 2023 U.S. Dist. LEXIS 141701 (D.Kan. Aug. 14, 2023).*<\/p>\n\n\n\n<p>The consent for defendant\u2019s blood draw was specific and unlimited. United States v. Aguirre, 2023 U.S. Dist. LEXIS 141737 (E.D. Cal. Aug. 10, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cAnthony argues that Gottschalk used excessive force when he sprayed him with OC spray, which the court now refers to as pepper spray. Applying the Graham factors and considering the totality of the circumstances, the court concludes that a reasonable &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55610\">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":[71,5,52,11,35],"tags":[],"class_list":["post-55610","post","type-post","status-publish","format-standard","hentry","category-body-searches","category-cell-phones","category-excessive-force","category-good-faith-exception","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55610","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=55610"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55610\/revisions"}],"predecessor-version":[{"id":55611,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55610\/revisions\/55611"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55610"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55610"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55610"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}