· 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).
Sourced from CourtListener / Free Law Project (CC0).
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