Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

W.D.Wash.: Bivens knock-and-announce case fails for reasonable suspicion of exceptions applying

By John Wesley Hall, Jr.

In a civil case over an alleged knock-and-announce violation, the plaintiff loses because the government shown sufficient reasonable suspicion to not have to do so. Plaintiff also did not show that the handling of the raid was excessive force. Jama v. United States, 2010 U.S. Dist. LEXIS 48133 (W.D. Wash. May 17, 2010)*: Plaintiff's claim of excessive force fails. Having breached Plaintiff's door and detained all the occupants, officers were reasonable in “exercis[ing] unquestioned command of the situation.” Summers, 452 U.S. at 703. They therefore handcuffed all the apartment's occupants and detained them in a single location, while they searched the apartment. Moreover, they summoned medics when Plaintiff complained of pain in her shoulder...continue to full post

Full post as published by Fourth Amendment on May 19, 2010 (boomark / email).