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Criminal Law

: Fourth Amendment

Tear gassing barricaded suspect may have been unreasonable

By John Wesley Hall, Jr.

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Factual disputes remain in question of excessive force in a tear gassing in going in for a barricaded suspect. Whether tear gassing was even required in this situation was questionable because negotiations were going on. Also, defendant was seized by surrounding his house. Estate of Rudy Escobedo v. City of Fort Wayne, 2008 U.S. Dist. LEXIS 36852 (N.D. Ind. May 5, 2008).* Recognizing the presumption of unreasonableness of a search of a home, the officer here had defendant's consent to enter in a DUI case. Twp. of Bainbridge v. Kaseda, 2008 Ohio 2136, 2008 Ohio App. LEXIS 1843 (11th Cir. May 2, 2008).* Computer check that produced an outstanding warrant on the owner is reasonable suspicion for a stop. State v. Dickson, 2008 Mo. App. LEXIS 636 (May 6, 2008)...continue to full post

Full post as published by Fourth Amendment on May 08, 2008 (boomark / email).

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