Category Archives: Qualified immunity

MI: Def’s lying about smell of MJ was PC despite state’s medical MJ law

Defendant’s lying about the smell of marijuana in his car was probable cause that he was in possession of more than the amount permitted under the state medical marijuana law. People v. Moorman, 2020 Mich. App. LEXIS 1111 (Feb. 13, … Continue reading

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CA9: Motion to suppress tax records obtained by IRS because his “private property interests” were invaded wasn’t presented below and is waived

“Galloway next argues that the district court erred in denying his motion to suppress because the IRS’s warrantless inspection of his financial records violated his private-property interests under the Fourth Amendment. But Galloway ‘never requested suppression on this ground in … Continue reading

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LA: Truck driver who phoned in report of passed out driver with gun in lap on busy NOLA bridge was not “anonymous”

Defendant was stopped and apparently passed out on the Claiborne Street bridge in New Orleans. A truck driver called in to report it and that defendant had a gun in his lap. Then an accident occurred. The trial court erred … Continue reading

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TX14: It was clearly established standing on an arrestee’s face was excessive; here, causation for death not shown

“We conclude that controlling authority’ or ‘a robust “consensus of cases of persuasive authority”’ as of September 2010 make it sufficiently clear that every reasonable official would understand (as did those who testified) that stepping on the nose and mouth … Continue reading

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S.D.Fla.: Radio report of a gun brought police to def, and his furtive movement was then RS

Stop and frisk was with reasonable suspicion. “Having received a radio communication that Defendant appeared to be armed and having observed Defendant reaching toward his waist in a manner consistent with reaching towards an area of the body where individuals … Continue reading

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CA9: Ptf’s shooting for a slow speed chase where all traffic laws were obeyed stated § 1983 claim and no QI

Plaintiff was attempted to be stopped by Tacoma police for driving without headlights on. Plaintiff didn’t have his DL on him, and he’d recently smoked crack. Therefore, he drove home at normal speeds and obeyed all stop signs and traffic … Continue reading

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CA4: Unnecessarily shooting ptf’s dog was a 4A seizure

Officer came to scene at plaintiff’s house and parked his car within the running area of a dog on a lease between two trees. The plaintiff came out to get the dog. It barked at the officer. When the dog … Continue reading

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CA7: Ptf’s suit for arrest for possession and obstruction was barred by arguable PC

Plaintiff was arrested for possession of cocaine and obstructing justice when he allegedly swallowed the baggie of drugs. He was taken to a hospital and drank charcoal and other liquids to pass it and he was x-rayed. Nothing was recovered. … Continue reading

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S.D.W.Va.: Reasonable mistake of fact def’s license was invalid doesn’t void the stop; smell of MJ led to search

The officer’s reasonable mistake of fact defendant’s license was invalid doesn’t void the stop. “In sum, Detective Maniskas was sufficiently diligent in his investigation of Qualls’ licenses. The fact that Qualls’ license was actually valid has no impact on Maniskas’ … Continue reading

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CA6: Game officers had PC to arrest ptf for night hunting with lights despite ptf winning some counts at state trial and state abandoning last one on his promise not to do it anymore

Officers had probable cause to arrest plaintiff for shining deer at night when he was spotted from an airplane on patrol. He was arrested for hunting under the influence and at night. He ultimately got counts dismissed, one for his … Continue reading

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TN: The 4A certified question doesn’t resolve the appeal, so appeal dismissed

The certified question related to consent to search was not dispositive to the outcome of the case for purposes of Tenn. R. Crim. P. 37(b)(2)(A). Even if defendant’s consent to search the home was constitutionally invalid and exigent circumstances did … Continue reading

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S.C.: Franks violation can support a § 1983 claim

A Franks violation can support a § 1983 claim. Manuel v. City of Joliet, Ill., 137 S. Ct. 911, 919 (2017). Carter v. Bryant, 2020 S.C. App. LEXIS 6 (Jan. 15, 2020). The arresting officers were entitled to qualified immunity … Continue reading

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