{"id":56554,"date":"2023-12-15T18:44:36","date_gmt":"2023-12-15T23:44:36","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56554"},"modified":"2023-12-16T09:32:55","modified_gmt":"2023-12-16T14:32:55","slug":"ca6-defs-getting-cis-call-and-driving-to-controlled-buy-and-home-was-nexus-for-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56554","title":{"rendered":"CA6: Def&#8217;s getting CI&#8217;s call and driving to controlled buy and home was nexus for SW"},"content":{"rendered":"\n<p>Defendant\u2019s being in his home when he received a call from the CI for a controlled buy and then his driving to the buy and back was sufficient nexus. <a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/23a0516n-06.pdf\">United States v. Badley<\/a>, 2023 U.S. App. LEXIS 33031 (6th Cir. Dec. 12, 2023).<\/p>\n\n\n\n<p>Defendant\u2019s search incident to arrest for an only citable offense under California law doesn\u2019t control the Fourth Amendment analysis. Virginia v. Moore. This search incident was valid. United States v. Estrella, 2023 U.S. App. LEXIS 33048 (9th Cir. Dec. 14, 2023).*<\/p>\n\n\n\n<p>\u201cGross alleges that Cairo \u2018suddenly\u2019 and \u2018violently\u2019 struck her in her \u2018visibly pregnant\u2019 stomach while she was moving toward her neighbor&#8217;s doorway to conduct a welfare check. \u2026 The blow was targeted at a discernibly vulnerable part of Gross&#8217;s body and was powerful enough to cause immediate pain and placental hemorrhaging. These facts are sufficient to demonstrate an objective intent to restrain Gross&#8217;s movement. See Torres, 141 S. Ct. at 998 \u2026.\u201d The officer was on notice that striking an unarmed person could be excessive, without there being a case with a pregnant victim. Gross v. Cairo, 2023 U.S. App. LEXIS 33055 (3d Cir. Dec. 14, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s being in his home when he received a call from the CI for a controlled buy and then his driving to the buy and back was sufficient nexus. United States v. Badley, 2023 U.S. App. LEXIS 33031 (6th Cir. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56554\">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":[52,38,40,26],"tags":[],"class_list":["post-56554","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-nexus","category-qualified-immunity","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56554","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=56554"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56554\/revisions"}],"predecessor-version":[{"id":56560,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56554\/revisions\/56560"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56554"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56554"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56554"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}