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Posts in Terry Stops
When can you shoot at a fleeing vehicle?

Justia Opinion Summary

Plaintiff filed a 42 U.S.C. 1983 action against Officers Strickland and Heroux, alleging that the officers violated plaintiff's Fourth Amendment rights by using deadly force while arresting him. The Fourth Circuit affirmed the district court's denial of the officers' motions for summary judgment, holding that the officers started or continued to fire on plaintiff after they were no longer in the trajectory of plaintiff's car and thus violated plaintiff's Fourth Amendment right to freedom from excessive force. The court also held that it was clearly established that using deadly force against plaintiff after the officers were no longer in the car's trajectory would violate plaintiff's right to freedom from excessive force.

View case here.

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Test Video Blog

Background

Members of an FBI/Grand Rapids task force were searching for a 26-year old white male, between 5'10" to 6'3" tall. Officers also had a picture of the suspect. They knew the suspect bought soft drinks at a particular store and they conducted undercover surveillance in the parking lot. They observed James King, a 21-year old white male around the same height and stopped him. King did not realize the undercover officers were, well, officers, and asked if he was being mugged. One of the officers then reached into King's pocket and removed his wallet. To King, this confirmed that he was indeed being mugged and he tried to run away. An officer then subdued King with a chokehold. Later, it was determined that King was not the wanted suspect. Kind filed suit against the officers. 

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Can you remove a suspect's wallet during Terry Stop?

Background

Members of an FBI/Grand Rapids task force were searching for a 26-year old white male, between 5'10" to 6'3" tall. Officers also had a picture of the suspect. They knew the suspect bought soft drinks at a particular store and they conducted undercover surveillance in the parking lot. They observed James King, a 21-year old white male around the same height and stopped him. King did not realize the undercover officers were, well, officers, and asked if he was being mugged. One of the officers then reached into King's pocket and removed his wallet. To King, this confirmed that he was indeed being mugged and he tried to run away. An officer then subdued King with a chokehold. Later, it was determined that King was not the wanted suspect. Kind filed suit against the officers. 

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