{"id":5933,"date":"2011-12-28T17:35:05","date_gmt":"2011-08-24T22:13:06","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-24T22:13:06","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5933","title":{"rendered":"NY4: Defendant&#8217;s kidnap and rape victim had apparent authority to consent to search of his house; she still had her key and her stuff there"},"content":{"rendered":"<p>Defendant was convicted of kidnaping and numerous sex offenses, and his victim who lived with him in the month before the occurrence and who paid the rent had apparent authority to consent to the entry and search. She had a key and her clothes there. <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2011\/2011_06316.htm\">People v Frankline<\/a>, 2011 NY Slip Op 6316, 87 A.D.3d 831, 928 N.Y.S.2d 412 (4th Dept. 2011).*<\/p>\n<p>Warrantless sweep was invalid for lack of exigency, but later issued warrant would have come anyway, so the search warrant was valid. <a href=\"http:\/\/www.iowacourts.gov\/Supreme_Court\/Recent_Opinions\/20110819\/10-0760.pdf\">State v. Watts<\/a>, 801 N.W.2d 845 (Iowa Sup. 2011).*<\/p>\n<p>Officer who shot and killed man thinking she\u2019d pulled her taser denied qualified immunity where it had happened twice before. This stated a claim of excessive force in violation of the Fourth Amendment. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/opinions\/2011\/08\/22\/09-3.pdf\">Torres v. City of Madera<\/a>, 09-16573 (9th Cir. August 22, 2011):<\/p>\n<blockquote><p>While handcuffed in the back seat of a patrol car, Everard Torres (\u201cEverardo\u201d) was mortally wounded when Madera City Police Officer Marcy Noriega (\u201cOfficer Noriega\u201d) shot him in the chest with her Glock semiautomatic pistol, believing it at the time to be her Taser M26 stun gun. Everard\u2019s family filed this survival action under 42 U.S.C. \u00a7 1983, asserting excessive force in violation of the Fourth Amendment, and now appeals from an adverse grant of summary judgment. Consistent with the Fourth Circuit\u2019s decision in Henry v. Purnell, ___ F.3d ___, 2011 WL 2725816 (4th Cir. July 14, 2011) (en banc), we reverse and remand for trial.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5933\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5933","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5933","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5933"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5933\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5933"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5933"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5933"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}