{"id":9793,"date":"2013-11-16T09:31:50","date_gmt":"2013-11-15T09:50:37","guid":{"rendered":""},"modified":"2014-04-24T05:50:24","modified_gmt":"2014-04-24T10:50:24","slug":"en-us-30","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9793","title":{"rendered":"CA5: Holding plaintiff down to forcibly remove cocaine hidden under tongue was reasonable"},"content":{"rendered":"<p>Plaintiff was held down to forcibly remove cocaine from his mouth, and it was objectively reasonable for the officers to believe he was at medical risk for holding it there. He was also finally forcibly sedated, but that issue wasn\u2019t raised in the district court, so it\u2019s waived. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/12\/12-20674.0.pdf\">Spotsville v. Hall<\/a>, 547 Fed. Appx. 498 (5th Cir. 2013).<\/p>\n<p>Plaintiff\u2019s arrest was with probable cause, so his 1983 claim fails. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2013\/11\/14\/12-15903.pdf\">Jones v. Las Vegas Metro. Police Dep&#8217;t<\/a>, 2013 U.S. App. LEXIS 22994 (9th Cir. November 14, 2013).*<\/p>\n<p>Officers did not violate clearly established law in entering plaintiff\u2019s property and entering alleged curtilage.<a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2013\/11\/14\/12-35616.pdf\"> Roloff v. Washington County<\/a>, 2013 U.S. App. LEXIS 23014 (9th Cir. November 14, 2013).*<\/p>\n<p>Plaintiff\u2019s stop in this 1983 case was valid, and it was not unreasonably extended. It was 40 minutes, but that was because of the plaintiff\u2019s own conduct. \u201cPicray recorded his forty-minute interaction with the officers. A certified transcript of this recording clearly demonstrates that the officers detained Picray only for the amount of time necessary to effectuate their investigation and that Picray&#8217;s combative conduct and failure to cooperate caused the investigation to last forty minutes.\u201d <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2013\/11\/12\/12-35557.pdf\">Picray v. Heeb<\/a>, 2013 U.S. App. LEXIS 22837 (9th Cir. November 12, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9793\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-9793","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9793","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9793"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9793\/revisions"}],"predecessor-version":[{"id":11201,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9793\/revisions\/11201"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9793"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9793"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9793"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}