Comment: Police officers must listen and investigate when a suspect says that the handcuffs are too tight — Honeycutt’s department is learning this lesson the hard way.
Comment: Time to retire that dog and get an accurate one.
What happened: Man had a history of domestic violence, so police decide to do a “welfare check” at his house at 10:54 pm. The man answered the door with his gun and was angry when he saw it was police. Man would not put down his gun and physically tried to keep police out of his house, so they shot him dead.
Decision: Eleventh Circuit, three judge appellate panel (ED CARNES, Chief Judge, WILSON and ROSENBAUM, Circuit Judges) decided that this was reasonable and acceptable police behavior under 4A.
Comment: Since when do you have to let police in your house on a welfare check? Wrongly decided. Hope case gets a SCOTUS cert. grant. This case really deserved more public attention than it seemed to get.
Second comment: I remember when this was decided (in the same way) by the District Court, whose opinion had a much more detailed recounting of the facts. Too lazy to find a link to that, but I remember thinking that this one would get reversed if it were appealed. Guess not.
Furthermore, to succeed on their argument that they had probable cause to arrest for a resisting arrest offense, Defendants must prove that they had probable cause to arrest on an antecedent offense. Because MISS. CODE ANN. § 97-9-73 only makes it illegal to resist a lawful arrest and because there was no probable cause to arrest for an antecedent offense, there can be no probable cause to arrest for resisting an unlawful arrest made without probable cause.
Ninth Circuit opinion (quoting the lower court) explains why that is bad:
An individual’s steadfast refusal to consent to a search cannot become the basis for reasonable suspicion, absent any other specific facts, to justify a forced search of that individual. If that were the case, the Fourth Amendment would have no effect. An officer without reasonable suspicion that an individual was armed, could simply generate reasonable suspicion by asking an otherwise non-threatening suspect to submit to a search and if he declined the officer would then have unfettered discretion to force him to submit.