Tag Archives: Fourth Amendment

Civil Rights – Constitutional – Fourth Amendment Seizure – Excessive Force Claim – Taser – Tort/Negligence – Assault & Battery (access required)

Gilyard v. Benson Where plaintiff did not comply with a deputy sheriff’s directives, walked towards the deputy, took a combative body stance, and said, “Stun me” in response to the deputy’s taser warning, a reasonable officer could have believed force would be necessary to place handcuffs on plaintiff.

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Criminal Practice – Search & Seizure – Heroin Trafficking – Arrest – Probable Cause (access required)

State v. Gamble Because the state’s confidential informant died before trial, the arresting officer omitted references to the CI; as a result, we can only glean from the officer’s testimony that he was present at a location where defendant later arrived and, upon defendant’s arrival, he and another officer searched defendant and seized heroin. The state failed to show that the heroin was seized pursuant to a legally permissible search and seizure.

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Civil Rights – Local Police Can’t Detain on Civil ICE Warrant (access required)

Santos v. Frederick County Board of Comm’r Local law enforcement officers can’t detain individuals solely based on known or suspected civil immigration violations, but that rule wasn’t clearly established law when defendant deputies arrested a Salvadoran dishwasher after questioning her outside her workplace, and the 4th Circuit says the deputies have immunity from her civil rights claim for violation of her Fourth Amendment rights.

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