{"id":56002,"date":"2023-10-07T12:05:18","date_gmt":"2023-10-07T17:05:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56002"},"modified":"2023-10-07T12:05:18","modified_gmt":"2023-10-07T17:05:18","slug":"w-d-n-y-parolee-had-standing-in-place-searched-despite-his-reduced-rep","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56002","title":{"rendered":"W.D.N.Y.: Parolee had standing in place searched despite his reduced REP"},"content":{"rendered":"\n<p>The R&amp;R determined that defendant parolee had no reasonable expectation of privacy in the place searched because of his parole status alone. The District Judge disagrees, finds enough standing to contest the search, and remands to the USMJ to decide the merits of the search. His privacy is diminished, but it is not extinguished. United States v. Melvin, 2023 U.S. Dist. LEXIS 179247 (W.D.N.Y. Oct. 4, 2023).<\/p>\n\n\n\n<p>Defendant\u2019s stop was justified because he crossed into the wrong lane when turning left. United States v. Brown, 2023 U.S. Dist. LEXIS 179083 (N.D. Iowa Aug. 25, 2023).*<\/p>\n\n\n\n<p>Plaintiff was actively resisting and fighting with officers. Finally, he was kneed to the face and still kept resisting. Finally, he was subdued. \u201cIn sum, our review of the videotape footage reveals that all three objective reasonableness factors support the officers&#8217; use of force in this case.\u201d Walker v. City of Houston, 2023 U.S. App. LEXIS 26364 (5th Cir. Oct. 4, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The R&amp;R determined that defendant parolee had no reasonable expectation of privacy in the place searched because of his parole status alone. The District Judge disagrees, finds enough standing to contest the search, and remands to the USMJ to decide &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56002\">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":[52,58,35,34],"tags":[],"class_list":["post-56002","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-probationparole-search","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56002","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=56002"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56002\/revisions"}],"predecessor-version":[{"id":56003,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56002\/revisions\/56003"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56002"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56002"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56002"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}