Daily Archives: January 12, 2015

CA5: Knock-and-announce still lives: No § 1983 qualified immunity for violation of rule

After discussing at length the purposes of the knock-and-announce rule and how well established it is, the court finds that the officer was not entitled to qualified immunity for a violation of the rule for entry into plaintiffs’ home without … Continue reading

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D.Utah: Rental car driver without rental agreement approval had no standing in CA10

In the Tenth Circuit, merely being the driver of a rented car without a showing of approval from the renter or the rental agreement is a lack of standing in the car. United States v. Flores, 2015 U.S. Dist. LEXIS … Continue reading

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WY: No prejudice from this violation of nighttime search rule; GFE also applies

The state violated the nighttime search rule by executing this search warrant at 10:18 pm rather than before 10 pm, but the officers claimed not to know the exact time. There was no showing in the search warrant papers for … Continue reading

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