Alleged defects in which court should or could issue this particular warrant was subject to the good faith exception. There was no contention that the affidavit for warrant lacked probable cause. State v. Wharton, 2025-Ohio-4485 (5th Dist. Sep. 25, 2025).<\/p>\n\n\n\n
Defendant relies on more than just his name in the affidavit as a resident to show his standing. He actually showed a connection. Otherwise, the affidavit is based on probable cause with nexus, and the good faith exception applied. United States v. Sullivan, 2025 U.S. Dist. LEXIS 190320 (E.D. Tenn. Sep. 26, 2025).*<\/p>\n\n\n\n
The fact two officers arriving at the scene separately responded to the threat differently doesn\u2019t mean they don\u2019t get qualified immunity. On these facts, they reasonably concluded there was a threat of harm from decedent waving a gun and threatening them and others. Their bodycams showed it all. \u201cThe circumstance confronting Offerman and McQuay, however, was at most on the \u2018hazy border between excessive and acceptable force,\u2019 which demands an analog in case law. Kisela, 584 U.S. at 105 (quotation omitted). At the time of the shooting, it is undisputed that the officers had a reasonable belief that Pam had (1) not been complying with commands for approximately 15 seconds, (2) pointed his gun at Geier, (3) pointed his weapon at Geier’s dog, (4) tried to enter her home, and (5) put his hands in his pockets when he faced the officers. Then, before the fatal shot, the officers reasonably believed he produced a firearm and began to raise it toward McQuay. Certainly, some reasonable officers would have thought Pam posed an imminent serious threat in these circumstances, which would make the use of deadly force reasonable under the Fourth Amendment. Reichle, 566 U.S. at 663-65.\u201d Pam v. City of Evansville<\/a>, 2025 U.S. App. LEXIS 25017 (7th Cir. Sep. 26, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":" Alleged defects in which court should or could issue this particular warrant was subject to the good faith exception. There was no contention that the affidavit for warrant lacked probable cause. State v. Wharton, 2025-Ohio-4485 (5th Dist. Sep. 25, 2025). … Continue reading