Category Archives: Qualified immunity

CA8: Patel didn’t bar police requesting look at hotel registry in looking for bank robbers; third-party doctrine applies

City of Los Angeles v. Patel didn’t make the police look at a hotel registry a search. Defendants were suspected of bank fraud and aggravated identity theft in printing bogus checks and cashing them. Police went to a motel where … Continue reading

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IL: Disorderly conduct can justify a Terry stop

Police received a 911 call about a man with a blue hoodie on a bicycle shouting profanities. Because the call was to 911 and recorded and logged with caller ID, it was more reliable. On seeing the man, the officer … Continue reading

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LA5: Failure to raise scope of search issue below was waiver on appeal

The officer affiant adequately corroborated the CI to show probable cause. Defendant’s argument that the search of his house under the warrant couldn’t include the back yard was not preserved below [but it usually would be valid anyway]. State v. … Continue reading

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CA8: Strip search of female detainee on parking lot stated § 1983 claim

Nearly public strip search of female detainee on an open parking lot by a female officer also berating her with a male officer nearby stated a claim and overcame qualified immunity. Robinson v. Hawkins, 2019 U.S. App. LEXIS 26772 (8th … Continue reading

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CA11: Arrest for not answering knocks to door by officers with a writ of possession unreasonable and no QI

Plaintiff was arrested for ignoring knocks to the door from officers with a writ of possession. They didn’t even ring the doorbell. Officers entered through the garage area and pulled a gun on plaintiff. There was no justification asserted for … Continue reading

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CA6: Tightening handcuffs more when arrestee complains and threatening her life overcame QI

“A group of masked City of Detroit police officers broke down plaintiff Katrina McGrew’s door, threw her to the ground, and handcuffed her so tightly it left bruises. When she complained about how constricting the handcuffs were, the officers threatened … Continue reading

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E.D.Mich.: Parolee has no REP in own home as to parole search

The court holds that defendant’s status as a parolee literally gave him no reasonable expectation of privacy in his own trailer from a parole search. He seeks narrowing the search under Griffin to avoid Samson and Knights. The court rejects … Continue reading

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CA9: The extreme of QI: officers alleged to have committed theft during execution of a SW get QI because no case says it’s a 4A violation

Officers get qualified immunity for alleged theft of $300,000 in cash and property from plaintiffs because it wasn’t clearly established that theft from a search is unreasonable under the Fourth Amendment. Jessop v. City of Fresno, 2019 U.S. App. LEXIS … Continue reading

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VI: RS exists on smell of marijuana in a car even though locally small amounts of MJ was decriminalized

Despite decriminalization of small amounts of marijuana in VI, reasonable suspicion of possession of a small amount of marijuana is still contraband (an issue already settled here) that can justify a stop. Here, officers were watching a high crime area … Continue reading

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CA9: Seven hour arrest and detention of decedent’s wife as witness to a police shooting was unreasonable under clearly established law

Plaintiff’s husband was shot by sheriff’s deputies and killed and she was arrested as a material witness, taken away, and held for seven hours–four before any questioning. This was unreasonable under Maxwell v. County of San Diego, 708 F.3d 1075, … Continue reading

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Two on qualified immunity

EMTs who assessed plaintiff for mental issues and took her away were entitled to qualified immunity. No case could be cited that they violated the Fourth Amendment. Ellison v. Hobbs, 2019 U.S. App. LEXIS 26263 (11th Cir. Aug. 29, 2019).* … Continue reading

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NC: Giving cop the finger was RS for stop for disorderly conduct, despite it being recognized free speech

Giving a cop the finger, although universally now recognized as protected speech, was reasonable suspicion for a stop for disorderly conduct. [The dissent has the far better argument, here. The majority is just wrong, and cites cases that prove it.] … Continue reading

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