Category Archives: Qualified immunity

TX5: No binding authority says there’s a REP in an inmate’s jail medical records

There is no binding authority that a jail inmate has a reasonable expectation of privacy in his jail medical records, so the court finds the exclusionary rule shouldn’t apply. Quaschnick v. State, 2024 Tex. App. LEXIS 1108 (Tex. App. – … Continue reading

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CA5: Facts of this alleged Rodriguez violation get QI

Plaintiff was stopped on I-40 and then he later sued complaining the stop was continued too long. On the facts he presents, it was not clearly established that the continuation of this stop was unreasonable. Weisshaus v. Teichelman, 2024 U.S. … Continue reading

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D.Idaho: What’s “full and fair opportunity” under Stone?

“Powell does not specify a particular test for determining whether a state provided a defendant with an opportunity for full and fair litigation of a Fourth Amendment claim. To aid in determination of this question, federal district courts in the … Continue reading

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S.D.Ill.: Odor of marijuana coming from a car is PC in this federal circuit even if it’s maybe not in state court anymore because of recreational use

The odor of marijuana coming from a car is probable cause in this circuit even if it’s maybe not be in state court anymore. United States v. Toney, 2024 U.S. Dist. LEXIS 20838 (S.D. Ill. Feb. 6, 2024). Qualified immunity … Continue reading

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VA: Capias for detention of person not functional equivalent of arrest warrant; no PC finding

A Virginia capias for detention of a person is not the functional equivalent of an arrest warrant founded on sworn probable cause. The police view of the inside of defendant’s home that led to a search warrant is suppressed. Commonwealth … Continue reading

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CA5 (en banc): Arrest of “citizen journalist” under a statute never declared unconstitutional was with QI

“Villarreal fails to satisfy her burden on either [qualified immunity] prong. This is not a case about a ‘citizen journalist just asking questions.’ That clever but misleading phrase cannot relieve this court of our obligation to evaluate Villarreal’s conduct against … Continue reading

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N.D.Ga.: Use of cell phone cash app to facilitate PPP fraud justified SW for phone

Use of a cell phone cash app to facilitate spending PPP loan fraud justified warrant for phone. United States v. Foster, 2024 U.S. Dist. LEXIS 11369 (N.D. Ga. Jan. 22, 2024). Codefendant’s case: United States v. Baptiste, 2024 U.S. Dist. … Continue reading

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TX1: Arrest on PC when standing next to vehicle justified its search incident

Defendant’s arrest for a parole violation while he was standing next to his vehicle resulted in a search of the person finding drugs, and that justified a search incident of the vehicle, too. Badyrka v. State, 2024 Tex. App. LEXIS … Continue reading

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DC parolee’s GPS monitor can only be placed by court order

Defendant’s GPS monitoring while on D.C. parole was unauthorized without an order from the sentencing court. It also doesn’t fit under Knights and Samson and special needs. Therefore, its use here to connect defendant to a crime is suppressed. Davis … Continue reading

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GA: A court order for medical records by statute requires PC

There is a statutory privacy interest in one’s medical records, and an “appropriate court order” is required for the government to access them in a criminal case. An ex parte order not shown to be based on probable cause is … Continue reading

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MI: Biting and kicking were reasonable responses to an unlawful arrest that can be resisted at common law

Defendant was unlawfully arrested for failing to produce an ID. While Michigan retains the common law right to resist an unlawful arrest, defendant’s biting and kicking was found reasonable. People v. Murawski, 2023 Mich. App. LEXIS 9151 (Oct. 26, 2023) … Continue reading

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CA6: Def’s getting CI’s call and driving to controlled buy and home was nexus for SW

Defendant’s being in his home when he received a call from the CI for a controlled buy and then his driving to the buy and back was sufficient nexus. United States v. Badley, 2023 U.S. App. LEXIS 33031 (6th Cir. … Continue reading

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CA8: Minor child could consent to search and seizure of camera hidden in her bathroom

This court rejects the notion that a minor never has the apparent authority to consent to a search, here of a camera in the house. The minor was defendant’s 14-year-old daughter, and defendant and the mother had visitation. She found … Continue reading

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CA2: Pending 2255 petition justifies denial of Rule 41(g) petition

The business’s petition for return of records obtained by search warrant and grand jury subpoena is denied. The business’s principal is still litigating his criminal case and a 2255 is pending, and that justifies it. Allen v. Grist Mill Capital … Continue reading

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W.D.Wis.: No habeas relief for unlawful arrest

That 2254 petitioner’s state arrest was unreasonable doesn’t state grounds for relief from a conviction. Haring v. Prosise, 462 U.S. 306, 321 (1983). Ramirez v. Meisner, 2023 U.S. Dist. LEXIS 218142 (W.D. Wis. Dec. 6, 2023). Defendant had no standing … Continue reading

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CA5: Circuit authority can be “clearly established law” for qualified immunity

Circuit authority can be “clearly established law” for qualified immunity. “On the well-pleaded facts of this case, Walls was not suspected of any crime, posed no immediate threat to the safety of the deputies or others, and made no attempt … Continue reading

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LA2: Arrest allegedly in violation of 4A leads to officer’s indictment, which is quashed because of justification

The officer here was charged with malfeasance in office for violating the Fourth Amendment by handcuffing a detainee for whom he was told there was an arrest warrant after he revoked consent to search: “I have someone you can talk … Continue reading

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LA: Def’s lie about living in place to be searched helped GFE to apply to overcome staleness

The trial court and court of appeals both erred in finding that the affidavit for search warrant was “so lacking” in probable cause that the good faith exception should not apply. “The affidavit accompanying the search warrant application explained the … Continue reading

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DC: Search of probationer’s GPS monitor didn’t require a SW

Defendant was on GPS electronic monitoring while on probation. The search of his EM device to prove he was involved in a robbery was not unreasonable. Moreover, even if the probation department’s regulations were somehow violated, the exclusionary rule should … Continue reading

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OH8: Extraterritorial stop by LEO doesn’t violate 4A, and exclusionary rule doesn’t apply to statutory violations

An extraterritorial stop by an officer does not violate the Fourth Amendment. The exclusionary rule doesn’t apply to statutory violations, here especially because of public safety concerns. City of Fairview Park v. Bowman, 2023-Ohio-4210, 2023 Ohio App. LEXIS 4047 (8th … Continue reading

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