{"id":58620,"date":"2024-08-14T06:36:31","date_gmt":"2024-08-14T11:36:31","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58620"},"modified":"2024-08-14T06:36:31","modified_gmt":"2024-08-14T11:36:31","slug":"ca9-where-officers-were-attempting-to-de-escalate-a-situation-warning-about-deadly-force-not-required","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58620","title":{"rendered":"CA9: Where officers were attempting to de-escalate a situation, warning about deadly force not required"},"content":{"rendered":"\n<p>A warning before deadly force would be used was contrary to the officers\u2019 efforts to de-escalate the situation. Otherwise qualified immunity applies. Eyre v. City of Fairbanks, 2024 U.S. App. LEXIS 19770 (9th Cir. Aug. 7, 2024) (2-1).*<\/p>\n\n\n\n<p>Plaintiff\u2019s claim that the cell phone company turned over his information in response to a warrant was barred by the statute of limitations. Boyle v. TracFone Wireless, Inc., 2024 U.S. App. LEXIS 19789 (11th Cir. Aug. 7, 2024).*<\/p>\n\n\n\n<p>Plaintiff\u2019s decedent was unarmed, but it was apparent that the officer didn\u2019t know it, coupled with his sudden move. There is qualified immunity. Franklin v. Popovich, 2024 U.S. App. LEXIS 19660 (11th Cir. Aug. 6, 2024).*<\/p>\n\n\n\n<p>Plaintiff inmate\u2019s blood draw was for medical purposes and not for investigation. Therefore, the Fourth Amendment doesn\u2019t apply. Banks v. Bellevue Hosp., 2024 U.S. Dist. LEXIS 139463 (S.D.N.Y. Aug. 6, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A warning before deadly force would be used was contrary to the officers\u2019 efforts to de-escalate the situation. Otherwise qualified immunity applies. Eyre v. City of Fairbanks, 2024 U.S. App. LEXIS 19770 (9th Cir. Aug. 7, 2024) (2-1).* Plaintiff\u2019s claim &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58620\">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":[45,71,52,40],"tags":[],"class_list":["post-58620","post","type-post","status-publish","format-standard","hentry","category-45","category-body-searches","category-excessive-force","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58620","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=58620"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58620\/revisions"}],"predecessor-version":[{"id":58621,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58620\/revisions\/58621"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58620"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58620"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}