{"id":58084,"date":"2024-06-14T14:26:00","date_gmt":"2024-06-14T19:26:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58084"},"modified":"2024-06-25T06:23:27","modified_gmt":"2024-06-25T11:23:27","slug":"ca5-psychological-injuries-can-support-a-4a-claim-unintended-shooting-victim-has-claim","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58084","title":{"rendered":"CA5: Psychological injuries can support a 4A claim; unintended shooting victim has claim"},"content":{"rendered":"\n<p>If the facts were resolved against the police here, they violated clearly-established Fourth Amendment law by unjustifiably shooting into an occupied house and hitting an intended victim. Also, psychological injuries may sustain a Fourth Amendment claim. No qualified immunity. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/22\/22-50327.0.pdf\">Singleton v. Casanova<\/a>, 2024 U.S. App. LEXIS 14073 (5th Cir. June 10, 2024). Update: techdirt: <a href=\"https:\/\/www.techdirt.com\/2024\/06\/24\/court-no-immunity-for-so-anyway-i-started-blasting-cop-who-killed-someone-for-the-crime-of-being-at-home\/\">Court: No Immunity For \u2018So Anyway, I Started Blasting\u2019 Cop Who Killed Someone For The Crime Of Being At Home<\/a> by Tim Cushing (June 25, 2024)<\/p>\n\n\n\n<p>The officers had reasonable suspicion to extend the traffic stop and call in a dog. Both defendant and the passenger had criminal histories and were on probation. The officers appropriately considered defendant&#8217;s nervousness and the passenger&#8217;s evasive behavior. That added up to reasonable suspicion. State v. Sargent, 2024 ND 121, 2024 N.D. LEXIS 115 (June 6, 2024).*<\/p>\n\n\n\n<p>Smell of marijuana during a traffic stop then a false name from the driver was reasonable suspicion. United States v. Witherspoon, 2024 U.S. App. LEXIS 14013 (3d Cir. June 10, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>If the facts were resolved against the police here, they violated clearly-established Fourth Amendment law by unjustifiably shooting into an occupied house and hitting an intended victim. Also, psychological injuries may sustain a Fourth Amendment claim. No qualified immunity. Singleton &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58084\">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":[45,27,52,35],"tags":[],"class_list":["post-58084","post","type-post","status-publish","format-standard","hentry","category-45","category-dog-sniff","category-excessive-force","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58084","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=58084"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58084\/revisions"}],"predecessor-version":[{"id":58192,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58084\/revisions\/58192"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58084"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58084"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58084"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}