{"id":56418,"date":"2023-11-28T09:02:42","date_gmt":"2023-11-28T14:02:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56418"},"modified":"2023-11-28T11:45:02","modified_gmt":"2023-11-28T16:45:02","slug":"tx7-four-county-highspeed-chase-was-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56418","title":{"rendered":"TX7: Four county highspeed chase was RS"},"content":{"rendered":"\n

Defendant\u2019s argument failed that a license plate reader hit couldn\u2019t provide a basis for a stop when he went on a four county highspeed chase when the police tried to stop him. Landers v. State<\/a>, 2023 Tex. App. LEXIS 8817 (Tex. App. \u2013 Amarillo Nov. 27, 2023).<\/p>\n\n\n\n

\u201cIndeed, \u2018[b]ecause [a] malicious prosecution claim is based on the Fourth Amendment’s right to be free from unreasonable seizure, our inquiry is not limited to the validity of the warrant application.\u2019 [Humbert, 866 F.3d at 559]. Rather, a plaintiff must show \u2018that the legal process instituted against him was without probable cause.\u2019 Id.; see also id. at 559-60 (examining evidence extrinsic to warrant application to determine if officers had probable cause to arrest plaintiff). Thus, the district court was not limited to considering facts contained in the warrant application when conducting its probable cause analysis.\u201d Sullivan v. Smilijanich, 2023 U.S. App. LEXIS 31270 (4th Cir. Nov. 27, 2023).*<\/p>\n\n\n\n

Defendant\u2019s Franks challenge based on the officer allegedly not knowing what he looked like when the officer had seen him a couple of days before wasn\u2019t a false statement. United States v. Schurko, 2023 U.S. Dist. LEXIS 210145 (D. Mass. Nov. 27, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s argument failed that a license plate reader hit couldn\u2019t provide a basis for a stop when he went on a four county highspeed chase when the police tried to stop him. Landers v. State, 2023 Tex. App. LEXIS 8817 … Continue reading →<\/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":[21,20,35],"tags":[],"class_list":["post-56418","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56418","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=56418"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56418\/revisions"}],"predecessor-version":[{"id":56420,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56418\/revisions\/56420"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56418"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56418"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56418"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}