Tag Archives: Ninth Circuit
PAROLEE AND FOURTH AMENDMENT RIGHTS
The Ninth Circuit in Moreno v. Baca 431 F.3d 633 (2005) held that a parolee does not lose all Fourth Amendment rights by reason of his status as a parolee. In that case, Moreno and a friend were walking down the street after their … Continue reading
A SIDE OF FORCE…HOLD THE PEPPER (SPRAY)
by Brandi L. Harper, Esq. Pepper spray is thought to be one of the least intrusive uses of force. However, a claim for excessive force under 1983 can be brought against an officer for improper use of pepper spray. A … Continue reading
PROBABLE CAUSE IN FEDERAL COURT REGRADING DEADLY FORCE
The use of force is almost always a dispute of facts to prevent the application of qualified immunity. An officer has probable cause to use the level of force he may justifiably use in a given scenario. In other words … Continue reading
PROBABLE CAUSE FOR ARREST AND USE OF FORCE ON SUSPECT WHO WAS DELUSIONAL ON DRUGS
FACTS: In late 2004, Karey Luchtel (“Karey”) began using and became addicted to crack cocaine, and in time became reclusive and showed signs of paranoia. On May 18, 2005, she smoked crack and later that evening her husband offered her a glass … Continue reading
Posted in Civil Rights, Probable Cause
Tagged 42 U.S.C. Section 1983, crack cocaine, delusional, drugs, excessive force, Fourth Amendment, Graham v. Conner, Luchtel v. Hagemann, mental evaluation, Ninth Circuit, Police officer, probable cause, qualified immunity, resisting arrest, United States v. Smith, use of force
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Probable Cause Can Still be Determined as a Matter of Law
by Dennis E. Wagner, Esq. The Ninth Circuit recently reversed the denial of qualified immunity for a law enforcement officer for arresting a suspect for allegedly sexually molesting a 10-year old female student. The case, John v. City of El … Continue reading
Posted in Probable Cause
Tagged Arrest, California, child abuse, Devenpeck v. Alford, DIstrict Attorney, Hansen v. Black, John v. City of El Monte, Law, law enforcement, Ninth Circuit, Peng v. Penghu, probable cause, Prosecuting Attorneys, qualified immunity, San Francisco, United States
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