{"id":61286,"date":"2025-06-14T11:30:54","date_gmt":"2025-06-14T16:30:54","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61286"},"modified":"2025-06-14T13:42:58","modified_gmt":"2025-06-14T18:42:58","slug":"sd-search-incident-to-mental-health-hold-was-reasonable-container-in-pocket-could-be-opened","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61286","title":{"rendered":"SD: Search incident to mental health hold was reasonable; container in pocket could be opened"},"content":{"rendered":"\n<p>Defendant was detained on a mental health hold and his pockets were searched. He didn\u2019t contest the search, just the opening of a container, which was reasonable here. <a href=\"https:\/\/ujs.sd.gov\/media\/t5fbx5nf\/30720.pdf\">State v. Parris<\/a>, 2025 S.D. 27 (June 13, 2025).<\/p>\n\n\n\n<p>Plaintiff\u2019s decedent was high on PCP and actively resisting and thrashing around while handcuffed. Drive stunning him [using the Taser\u2019s probes] was not unreasonable. Anderson v. Estrada, 2025 U.S. App. LEXIS 14673 (5th Cir. June 13, 2025).*<\/p>\n\n\n\n<p>Defendant is charged with arson in interstate commerce. With tower dump warrants his cell phone was present in the area of nine of 18 fires when they happened. Then a tracking warrant was obtained for his vehicle. All were with probable cause. A Franks claim is denied because the asserted omission isn\u2019t. United States v. Pricop, 2025 U.S. Dist. LEXIS 112722 (D. Ariz. June 13, 2025).*<\/p>\n\n\n\n<p>Plaintiff inmate has a possible administrative remedy, but no Fourth Amendment claim. Baltas v. Snyder, 2025 U.S. Dist. LEXIS 112799 (D. Conn. June 13, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was detained on a mental health hold and his pockets were searched. He didn\u2019t contest the search, just the opening of a container, which was reasonable here. State v. Parris, 2025 S.D. 27 (June 13, 2025). Plaintiff\u2019s decedent was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61286\">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":[52,26,112],"tags":[],"class_list":["post-61286","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-search-incident","category-tracking-warrant"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61286","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=61286"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61286\/revisions"}],"predecessor-version":[{"id":61292,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61286\/revisions\/61292"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61286"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61286"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61286"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}