Excessive force: (1) Plaintiff fled from officer after officer saw him talking with a known prostitute from his car. He fled on foot after stopping the car, and he pled that he was on the ground to surrender when he was unnecessarily struck with the officer’s gun. That stated a claim. Tabb v. Veazey, 2007 U.S. Dist. LEXIS 22428 (N.D. Ga. March 28, 2007).* (2) And, while plaintiff had surrendered he sufficiently pled that a dog was sicced on him. Vickers v. Stoops, 2007 U.S. Dist. LEXIS 21990 (S.D. Ind. March 26, 2007).*<\/p>\n
Defendant had no expectation of privacy in a box of clothes used by illegal aliens seized from a car they had been in. Another person was in control of the box and consented to a search and that person had directed the defendant to discard the box. United States v. Perez-Quirzola, 2007 U.S. Dist. LEXIS 22140 (D. P.R. March 27, 2007).*<\/p>\n
While the third party consenter probably lacked actual authority to consent, the proof was “overwhelming” that the officer could reasonably rely on her apparent authority because she appeared to be living there and called the police on a domestic disturbance. United States v. McCurdy, 480 F. Supp. 2d 380 (D. Me. 2007).*<\/p>\n
There was no Franks<\/em> violation: “Mr. Zaldivar distinguishes between delivering drugs into the house and delivering drugs to the house. But the court does not believe the distinction is material, and the omission of the hotel information does not amount to a material omission.” There was probable cause, and the good faith exception would save the search in any event. United States v. Zaldivar, 2007 U.S. Dist. LEXIS 22158 (D. Utah March 26, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading