{"id":59392,"date":"2024-11-20T09:04:35","date_gmt":"2024-11-20T14:04:35","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59392"},"modified":"2024-11-20T09:04:35","modified_gmt":"2024-11-20T14:04:35","slug":"ca11-body-slam-of-slighter-built-resisting-arrestee-was-reasonable-force","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59392","title":{"rendered":"CA11: Body slam of slighter built resisting arrestee was reasonable force"},"content":{"rendered":"\n<p>The officer\u2019s body slam of a resisting minor suspect about half his weight was entitled to qualified immunity. \u201cBut even if the facts of our case did fit Richmond, the statement that \u2018less force is appropriate\u2019 would not put every objectively reasonable officer on notice that a wrestling move to subdue a potentially armed, actively resisting plaintiff violated the Fourth Amendment.\u201d H.M. v. Castoro, 2024 U.S. App. LEXIS 28991 (11th Cir. Nov. 15, 2024).*<\/p>\n\n\n\n<p>The search warrants here were issued with sufficient particularity [without telling the rest of us why which is typical of the New York Appellate Divisions], considering they are \u201ccloaked with the presumption of validity.\u201d People v. Irwin, 2024 NY Slip Op 05684 (4th Dept. Nov. 15, 2024).*<\/p>\n\n\n\n<p>Two searches: One allegedly invalid because without a warrant followed by another with a warrant. The first was based on entry on an emergency that led to a plain view, and that led to the warrant for the second search. People v. Howard, 2024 NY Slip Op 05733 (4th Dept. Nov. 15, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer\u2019s body slam of a resisting minor suspect about half his weight was entitled to qualified immunity. \u201cBut even if the facts of our case did fit Richmond, the statement that \u2018less force is appropriate\u2019 would not put every &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59392\">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":[3,52,65],"tags":[],"class_list":["post-59392","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-excessive-force","category-particularity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59392","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=59392"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59392\/revisions"}],"predecessor-version":[{"id":59393,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59392\/revisions\/59393"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59392"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59392"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59392"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}