Category Archives: Qualified immunity

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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CA9: Denial of motion to suppress in state court precludes § 1983 case over same search

Defendant lost his motion to suppress in state court over a warrantless entry into his garage. He later sued over the search under § 1983 in federal court. The federal case was precluded by the state denial of the motion … Continue reading

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CA9: Suspicionless search of unconscious person in hospital bed violated clearly established law

“Thus, under binding precedent from this court and the Supreme Court, any reasonable officer would have known that Defendants’ suspicionless and warrantless search of Katzenjammer’s body, while she lay unconscious in a hospital bed, violated the Fourth Amendment.” Young v. … Continue reading

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CA6: Social workers subject to 4A, but these get QI

Social workers are subject to the Fourth Amendment. Here, they used a court order to enter plaintiff’s home. The order wasn’t clear on what information that brought it about or that it was particular. Nevertheless, the social workers get qualified … Continue reading

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OR: Lifting jail curtain to see def in jail bathroom was not violation of State Const. or 4A

Partially lifting a curtain in jail to observe defendant in the bathroom was not a violation of his reasonable expectation of privacy under the State Constitution nor the Fourth Amendment. State v. Taplin, 311 Or. App. 542, 2021 Ore. App. … Continue reading

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NY, Bronx: A tracking warrant isn’t an eavesdropping warrant

Defendant had standing to challenge a tracking warrant on his phone despite the state’s claim that wasn’t the cause for his arrest. He was tracked. These were not eavesdropping warrants. “Because the location information provided pursuant to the warrant did … Continue reading

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S.D.Ohio: Govt doesn’t overcome right of access to seek to seal SW materials

The defense moved for access to search warrant materials for a potential motion to suppress. The government moved to seal them. The government’s motion is denied. There is generally a right of access in search warrant materials by the defendant … Continue reading

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W.D.Mo.: ER’s security staff conducts private searches of GSW victims

Defendant showed at a hospital ER with a gunshot wound. Hospital policy was for its security staff to search GSW patients’ clothing for staff safety. This was a private search, and it produced ammunition from a convicted felon. United States … Continue reading

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CA11: 24 officers raiding wrong house subject to QI

24 officers raiding the wrong house [somehow] are entitled to qualified immunity. Norris v. Hicks, 2021 U.S. App. LEXIS 13272 (11th Cir. May 5, 2021):

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NYT: Split-Second Decisions: How a Supreme Court Case Shaped Modern Policing

NYT: Split-Second Decisions: How a Supreme Court Case Shaped Modern Policing by David D. Kirkpatrick (“Officers using deadly force rely on a legal doctrine set forth decades ago. Now, the movement launched by the death of George Floyd is trying … Continue reading

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CA9: Saying you just found the backpack you’re carrying in a dumpster shows no REP

“First, the court did not clearly err in finding that Gage had abandoned any reasonable expectation of privacy in the backpack by telling Officer Robinson that the group had just retrieved the backpack from a garbage dump and that he … Continue reading

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CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

The inaccuracies in the search warrant the officer sought weren’t enough to misidentify the place to be searched. Therefore, defendants didn’t violate clearly established law. Hill v. County of Benewah, 2021 U.S. App. LEXIS 10781 (9th Cir. Apr. 15, 2021).* … Continue reading

Posted in Arrest or entry on arrest, Excessive force, Particularity, Probation / Parole search, Qualified immunity | Comments Off on CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

N.D.Ga.: Prosecutor immune for false presentation of evidence in SW affidavit

A prosecutor’s false presentation of evidence for a search warrant is entitled to immunity. Here, plaintiff doesn’t even say what the false evidence is. Captain Jack’s Crab Shack, Inc. v. Cooke, 2021 U.S. Dist. LEXIS 69196 (N.D. Ga. Mar. 8, … Continue reading

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CA7: Shooting ptf after firing a gun in the air around a crowd of people still entitled to qualified immunity

The defendant officer’s use of deadly force against the armed plaintiff who fired a gun into the air around many people apparently to attempt to break up a scuffle led to him getting shot multiple times in seconds. Someone else … Continue reading

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CA11: Tasing someone ignoring three commands to get on the ground was reasonable for QI purposes

“Measuring the facts of this case against the above factors, Deputy Ward acted reasonably when he used force against Duncan after she did not obey his orders to get on the ground. Even accepting as true that Duncan did not … Continue reading

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CA5: A jury will have to decide reasonableness of excessive force used against a suicidal man

A jury needs to decide whether this officer’s use of deadly force on a suicidal suspect was reasonable. it was “clearly established — and possibly even obvious — that an officer violates the Fourth Amendment if he shoots an unarmed, … Continue reading

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D.D.C.: Requirement of a medical exam to determine if a firefighter can return to duty isn’t 4A violation

“McCrea claims that Defendants violated her Fourth Amendment right to privacy by ordering her to undergo psychological assessments that went beyond the essential functions of her job as a firefighter. … The Fourth Amendment protects an individual’s ‘reasonable expectation of … Continue reading

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CA2: Slamming head of nonresisting arrestee excessive

The district court erred in entering summary judgment for officers in an excessive force claim. It was clearly established that slamming an unresisting detainee’s head into a car doorframe was excessive. Ketcham v. City of Mt. Vernon, 2021 U.S. App. … Continue reading

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E.D.Wis.: Video of aftermath of execution of SW more prejudicial than relevant under Rule 403

In a civil case over a shooting of dogs during execution of a search warrant, the court rejects that the warrant was unreasonable but finds the bodycam of shooting the dogs and the aftermath irrelevant and inflammatory under Rule 403. … Continue reading

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