Week of September 21, 2021

Officer stopped two boys—ages 12 and 14—who matched a vague decision of suspects in car chase from gang stakeout, held them for seven minutes at gunpoint, handcuffed and frisked them, even though boys’ mother and stepfather identified them during encounter and boys identified themselves and complied with police commands; time involved was not unreasonable; handcuffing for two minutes did not transform Terry stop into arrest because officer had heard that one of the suspects wanted usually carried a gun and one of the boys moved his left hand behind his back and touched his waist be

Reasonable juror could find that warrantless entry into home was not justified by emergency aid exception; anonymous call does not provide objectively reasonable basis; court rejects series of factual arguments by defendant; fact that person who answered door opened it only slightly and used her knee to prevent police from opening it further did not provide cause to enter: “exercising her Fourth Amendment rights can hardly be ground for police to circumvent the core right protected by the Amendment”; absent exigent circumstances warrantless entry into home violated clearly established law;

Standard of cause required to justify seizure of person for emergency mental-health evaluation is probable cause, not reasonable belief; probable cause standard had not been established in May 2017 so officer, who had reasonable belief, was entitled to qualified immunity.

Under McDonough v. Smith, 139 S.Ct.

Plaintiff alleged police use of cell site simulator (a device that impersonates cell phone towers) to locate him constituted an unconstitutional warrantless search; court remands with detailed instructions to develop record to determine capability of the simulator, nature of data it collects, what police have access to, minimization in use, and policies that prevented seeking a warrant.

Reasonable juror could find that warrantless entry into home was not justified by emergency aid exception; anonymous call does not provide objectively reasonable basis; court rejects series of factual arguments by defendant; fact that person who answered door opened it only slightly and used her knee to prevent police from opening it further did not provide cause to enter: “exercising her Fourth Amendment rights can hardly be ground for police to circumvent the core right protected by the Amendment”; absent exigent circumstances warrantless entry into home violated clearly established law;

Sedating intoxicated, suicidal, semi-conscious subject of emergency-services welfare check with ketamine without consent during transport to hospital was not objectively unreasonable.