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· 10/31/2019

People v. Jonathan K.

Citations

  • 2019 NY Slip Op 7863

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that excessive force claim was not subsumed by unlawful arrest claims because the plaintiff also argued that even if there was probable cause, the force was constitutionally unreasonable
  • noting that an excessive force claim is not subsumed by an unlawful arrest claim because a plaintiff may argue that, even assuming probable cause existed, the force used was nevertheless unconstitutional
  • “[I]n cases involving warrantless searches or seizures, law enforcement officers will be entitled to qualified immunity if they had even ‘arguable probable cause.’”
  • analyz- ing unlawful entry, false arrest, and excessive force claims as sepa- rate claims
  • “Arguable probable cause (Dkt. 69 at 8–9.) The Court agrees. Probation revocation is not a stage of a criminal prosecution. See Smith v. Mitchell, 856 F. App’x 248, 250 (11th Cir. 2021) (per curiam
  • “When an officer enters a person’s home without a warrant and without con- sent, any resulting search or seizure violates the Fourth Amend- ment unless it was supported by probable cause and exigent cir- cumstances.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.