{"id":64258,"date":"2026-06-19T10:58:28","date_gmt":"2026-06-19T15:58:28","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64258"},"modified":"2026-06-19T10:58:28","modified_gmt":"2026-06-19T15:58:28","slug":"e-d-ark-ptf-stated-claim-for-sw-entry-without-proper-announcement","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64258","title":{"rendered":"E.D.Ark.: Ptf stated claim for SW entry without proper announcement"},"content":{"rendered":"\n<p>The search target\u2019s shooting death case can proceed on an excessive force claim and failure to properly announce entry in an ATF raid. <a href=\"https:\/\/arktimes.com\/wp-content\/uploads\/2026\/06\/Malinowski-Order-on-MtD.pdf\">Malinowski v. United States<\/a>, 2026 U.S. Dist. LEXIS 134589 (E.D. Ark. June 17, 2026).<\/p>\n\n\n\n<p>\u201cHarris fails to meet his burden showing his Fourth Amendment rights were violated and that he had a reasonable expectation of privacy to the vehicle that was stopped and searched. Indeed, in his motion to suppress, he acknowledges he was not present at the scene of the car search, that the van did not belong to him, and that he did not personally own the van that was stopped and searched.\u201d United States v. Harris, 2026 U.S. Dist. LEXIS 93046 (D. Nev. Apr. 27, 2026)*<\/p>\n\n\n\n<p>Staying in a hotel room gives standing to challenge the room safe. The cotenant has actual authority to consent to the search. (It is unnecessary to consider the probation search exception.) United States v. Graham, 2026 U.S. Dist. LEXIS 132766 (W.D. Va. June 15, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search target\u2019s shooting death case can proceed on an excessive force claim and failure to properly announce entry in an ATF raid. Malinowski v. United States, 2026 U.S. Dist. LEXIS 134589 (E.D. Ark. June 17, 2026). \u201cHarris fails to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=64258\">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":[45,30,24,56,34],"tags":[],"class_list":["post-64258","post","type-post","status-publish","format-standard","hentry","category-45","category-apparent-authority-2","category-consent","category-knock-and-announce","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64258","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=64258"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64258\/revisions"}],"predecessor-version":[{"id":64260,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64258\/revisions\/64260"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64258"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64258"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64258"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}