Category Archives: Qualified immunity

CA8: Unnecessary prolonged handcuffing of ptf overcame QI; if there was a reason for it, it had long passed

Plaintiff overcame qualified immunity here because he was unnecessarily left handcuffed without any objective reason for it. There was no reasonable suspicion. Haynes v. Minnehan, 2021 U.S. App. LEXIS 28550 (8th Cir. Sept. 21, 2021). In this prison search case, … Continue reading

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OH12: Second patdown in crotch area by male officer wasn’t unreasonable

A female officer patted this male defendant down, but she did not go around the crotch area. For officer safety, a male officer followed up and did. This was reasonable, and the contraband was found by plain feel. State v. … Continue reading

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NY Times: If the Police Lie, Should They Be Held Liable? Often the Answer Is No.

NY Times: If the Police Lie, Should They Be Held Liable? Often the Answer Is No. by Shaila Dewan (“Federal agents and police officers who work with them are often immune from lawsuits, even for serious rights violations. The Supreme … Continue reading

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CA11: Ga. Ct. App. case on point not “clearly established law”

“Orr argues, nevertheless, that it was clearly established that the Deputies could not search him and seize his property pursuant to the order, citing State v. Burgess, 826 S.E.2d 352 (Ga. App. 2019). We disagree. For starters, Burgess is an … Continue reading

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CA11: Two on deadly force in shooting at cars: one reasonable, one a fact dispute

Officer shooting at a car driving toward him acted reasonably. “Officer Brown reasonably perceived that his life was in danger when the Pontiac shifted into reverse. Redwine had led the police on a high-speed chase through commercial and residential areas … Continue reading

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D.N.J.: No REP in one’s name

There is no reasonable expectation of privacy in one’s name. Livingstone v. Hugo Boss Store, 2021 U.S. Dist. LEXIS 165848 (D.N.J. Sept. 1, 2021). Officers working off duty security came upon decedent’s car at night parked across parking spaces, and … Continue reading

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ABAJ: Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism

ABAJ: Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism by Erwin Chemerinsky:

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CA6: Parking enforcement chalking not a valid administrative search but QI immunity applies

“The City of Saginaw routinely chalked car tires to enforce its parking regulations. In our prior opinion, we held that doing so is a search for Fourth Amendment purposes, and that ‘based on the pleadings stage of this litigation, … … Continue reading

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ID: Def has burden of proving standing and can’t rely on state seeking to prove he didn’t have standing

Defendant had the burden of showing standing, and he couldn’t rely on the state not proving he didn’t have standing. Wilson v. State, 2021 Ind. App. LEXIS 264 (Aug. 24, 2021). Finding that defendant was on federal supervised release was … Continue reading

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CA11: New facts of alleged illegal search already ruled on not appropriate for successor habeas

Defendant’s attempt at a successor habeas on four grounds includes one that there is new evidence that he was wrongfully arrested. That was previously addressed before the new evidence claim, and it’s denied. “ An applicant cannot create a new … Continue reading

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TX9: Court clerk can swear officer for SW application

The affidavit for search warrant does not have to be sworn to before the issuing magistrate under Texas law. A clerk will do. Fender v. State, 2021 Tex. App. LEXIS 6605 (Tex. App. – Beaumont Aug. 9, 2021). No reasonable … Continue reading

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CA7: Without a triggering condition, this was not an anticipatory warrant

Despite defendant’s argument, this was not an anticipatory search warrant. There was no triggering condition, and it was issued with probable cause. United States v. Calligan, 2021 U.S. App. LEXIS 23402 (7th Cir. Aug. 6, 2021). There clearly was reasonable … Continue reading

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CO: Consent to officer’s entry extended to her briefly leaving and reentering

Defendant’s consent for an officer to enter extended to her reentry after leaving to retrieve a camera and then returning (even before getting it). People v. Stone, 2021 COA 104, 2021 Colo. App. LEXIS 1089 (Aug. 5, 2021). Even though … Continue reading

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E.D.Cal.: No REP in a contraband cell phone in prison

Defendant had no reasonable expectation of privacy in a contraband cell phone found on him in prison. The contents of the phone were used in a drug distribution indictment. The government got a search warrant for the contents of the … Continue reading

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UT: Information omitted from SW affidavit added in still shows PC

The omitted information still leaves probable cause. Here, the warrant was for cell tower location information to connect defendant to the burglary of the victims’ house while they slept. State v. Gonzalez, 2021 UT App 83, 2021 Utah App. LEXIS … Continue reading

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CA8: The facts before the officers showed exigency to enter the house on a domestic call

The officers had a reasonable basis for entering defendant’s house without a warrant. “The officers were dispatched to the scene of a domestic disturbance. The first responding officer observed a child in an upstairs window acting excitedly and gesturing at … Continue reading

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CA11: District Court’s § 1983 SJ credibility determinations on PC require reversal

“Because the District Court weighed testimony and made credibility determinations, it erroneously found that Officer Williams had arguable probable cause to detain Ms. Khoury. We must therefore vacate the District Court’s summary judgment order holding that Officer Williams had qualified … Continue reading

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CA8: Officers had PC to arrest despite later investigation casting doubt and the criminal case getting dismissed

Officers had probable cause for plaintiff’s arrest for a sexual assault charge based on the totality of information, even though charges were later dismissed. Further later investigation cast doubt, but the officers weren’t reckless. Walz v. Randall, 2021 U.S. App. … Continue reading

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ID: Automobile exception doesn’t apply to purse that used to be in car before PC developed

Defendant’s purse was not in the car at the time probable cause arose for the automobile exception to apply. Therefore, it did not apply to her purse. State v. Maloney, 2021 Ida. LEXIS 117 (June 28, 2021). “It is unnecessary … Continue reading

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S.D.Ga.: Attacking dashcam video unavailing where credibility of officer seeing gun wasn’t challenged

“Harris’ objection to the Magistrate Judge’s recommendation that the seizure of the firearm was permissible focuses on whether the submitted video evidence clearly showed that the object in his waistband was a firearm, and whether the officers had sufficient reasonable … Continue reading

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