{"id":60043,"date":"2025-02-05T10:59:51","date_gmt":"2025-02-05T15:59:51","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60043"},"modified":"2025-02-05T10:59:51","modified_gmt":"2025-02-05T15:59:51","slug":"tn-ptfs-actions-at-dv-call-justified-officers-greater-force","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60043","title":{"rendered":"TN: Ptf&#8217;s actions at DV call justified officers&#8217; greater force"},"content":{"rendered":"\n<p>The totality of the circumstances, including the nature of the domestic violence call, appellant&#8217;s armed presence near the scene, his rapid movement towards the officers while armed, and the short timeframe, made the officers\u2019 use of deadly force objectively reasonable from the perspective of a reasonable officer. Officers need not wait for a suspect to point a gun before using deadly force if they reasonably perceive a threat of severe harm. Holland v. Cheatham Cty., 2025 Tenn. App. LEXIS 28 (Jan. 28, 2025).<\/p>\n\n\n\n<p>Petitioner\u2019s successor petition on ineffective assistance of counsel is denied. That\u2019s not proper grounds. In re Davis, 2025 U.S. App. LEXIS 2197 (11th Cir. Jan. 30, 2025).*<\/p>\n\n\n\n<p>\u201cHere, it is uncontroverted that Mitchell abandoned his bicycle, together with the attached brown satchel and its contents, before Deputy Sams was able to catch and physically seize him. \u2026 Furthermore, although Mitchell later admitted to deputies his ownership of the items in his jacket, he conspicuously refused to speak up or answer any questions about the satchel. \u2026 In other words, when offered the opportunity to reassert his ownership in the previously abandoned brown satchel and its contents, Mitchell remained mum.\u201d United States v. Mitchell, 2025 U.S. Dist. LEXIS 16316 (W.D. La. Jan. 13, 2025),* adopted, 2025 U.S. Dist. LEXIS 15339 (W.D. La. Jan. 28, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The totality of the circumstances, including the nature of the domestic violence call, appellant&#8217;s armed presence near the scene, his rapid movement towards the officers while armed, and the short timeframe, made the officers\u2019 use of deadly force objectively reasonable &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60043\">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":[48,52,126],"tags":[],"class_list":["post-60043","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-excessive-force","category-issue-preclusion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60043","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=60043"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60043\/revisions"}],"predecessor-version":[{"id":60044,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60043\/revisions\/60044"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60043"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60043"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60043"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}