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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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