{"id":64197,"date":"2026-06-06T18:30:00","date_gmt":"2026-06-06T23:30:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64197"},"modified":"2026-06-06T19:00:24","modified_gmt":"2026-06-07T00:00:24","slug":"ca5-accidentally-shooting-the-man-who-disarmed-the-shooter-from-a-residence-was-not-a-constitutional-violation","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64197","title":{"rendered":"CA5: Accidentally shooting the man who disarmed the shooter from a residence was not a constitutional violation"},"content":{"rendered":"\n<p>\u201cThis is a tragic case of mistaken identity. A police officer believed he was targeting a gunman who had been firing on police from a residence. Instead, he shot and badly wounded a man who had disarmed the actual shooter and then emerged from the residence holding the weapon. The issue here is whether that officer&#8217;s mistake led to a violation of the victim&#8217;s constitutional rights. As lamentable as these events certainly were, we agree with the district court that no constitutional violation occurred on the specific facts of this case. The district court denied relief. We AFFIRM.\u201d <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/pub\/24\/24-40535-CV0.pdf\">Martinez v. Hinojosa<\/a>, 2026 U.S. App. LEXIS 16228 (5th Cir. June 4, 2026).<\/p>\n\n\n\n<p>\u201cHere, the facts within the four corners of the Affidavit established a nexus between Unit 1 and drug trafficking. \u2026 Second, even if Defendant Barnes&#8217;s actions alone were not sufficient to establish a nexus, the remainder of the facts in the Affidavit fill any gap.\u201d United States v. Barnes, 2026 U.S. Dist. LEXIS 122663 (E.D. Tenn. June 3, 2026).*<\/p>\n\n\n\n<p>This forfeiture action is reversed, and the claimant\u2019s unresolved motion to suppress should be considered on remand. United States v. $1,106,775.00 in U.S. Currency, 2026 U.S. App. LEXIS 16105 (9th Cir. June 2, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThis is a tragic case of mistaken identity. A police officer believed he was targeting a gunman who had been firing on police from a residence. Instead, he shot and badly wounded a man who had disarmed the actual shooter &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=64197\">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":[52,72,38,63],"tags":[],"class_list":["post-64197","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-forfeiture","category-nexus","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64197","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=64197"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64197\/revisions"}],"predecessor-version":[{"id":64198,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64197\/revisions\/64198"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64197"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64197"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64197"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}