{"id":61939,"date":"2025-09-18T08:13:47","date_gmt":"2025-09-18T13:13:47","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61939"},"modified":"2025-09-18T08:13:47","modified_gmt":"2025-09-18T13:13:47","slug":"ia-rs-for-this-dui-stop-was-the-gait-of-def-walking-toward-his-car","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61939","title":{"rendered":"IA: RS for this DUI stop was the gait of def walking toward his car"},"content":{"rendered":"\n<p>Reasonable suspicion for this DUI stop was the gait of defendant walking toward his car. <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/24237\/embed\/CourtAppealsOpinion\">State v. Nockels<\/a>, 2025 Iowa App. LEXIS 812 (Sep. 17, 2025).<\/p>\n\n\n\n<p>Plaintiff was hurt during police response to a domestic dispute. \u201cHoover filed this suit under 42 U.S.C. \u00a7 1983, alleging that Due violated his Fourth Amendment rights when he unlawfully entered his home and used excessive force against him. The district court denied summary judgment to Due on both claims. Due appeals, arguing that he is entitled to qualified immunity. Because a reasonable juror could conclude that Due&#8217;s warrantless entry into Hoover&#8217;s home was unlawful, and that his use of force to effectuate that entry was unreasonable, we affirm.\u201d Hoover v. Due, 2025 U.S. App. LEXIS 24046 (6th Cir. Sep. 17, 2025).*<\/p>\n\n\n\n<p>A search warrant for the person is presumptively constitutional. Finding no drugs, the stop then can turn to reasonable suspicion for continuing it, and the officers had that. <a href=\"https:\/\/www.courts.state.hi.us\/wp-content\/uploads\/2025\/09\/SCWC-23-0000388.pdf\">State v. Spies<\/a>, 2025 Haw. LEXIS 243 (Sep. 16, 2025).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Reasonable suspicion for this DUI stop was the gait of defendant walking toward his car. State v. Nockels, 2025 Iowa App. LEXIS 812 (Sep. 17, 2025). Plaintiff was hurt during police response to a domestic dispute. \u201cHoover filed this suit &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61939\">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":[52,40,35],"tags":[],"class_list":["post-61939","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61939","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=61939"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61939\/revisions"}],"predecessor-version":[{"id":61940,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61939\/revisions\/61940"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61939"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61939"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61939"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}